This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loans and advances-Order was passed due verification-Revision was held to be not valid. [S. 69A]

Nilkanth Stone Industries v. PCIT (2021) 189 ITD 718 (Surat) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-No expenditure claimed-Added to work in progress-No prejudice to revenue-Revision was held to be not valid. [S. 145]

Kaushikbhai P. Patel v. PCIT (2021) 88 ITR 20 (SN) (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Draft assessment order was prepared and served-It is not open to the Assessing Officer to revisit the draft assessment order-Revision is held to be valid. [S. 92C, 144C(3)]

Galaxy Surfactants Ltd. v. ACIT (2021) 190 ITD 741 / 88 ITR 39 (SN) / 211 TTJ 858 / 201 DTR 381 (Mum.)(Trib.)

S. 148 : Reassessment-Notice-Information from Investigation wing-Bogus long term and Short term capital gains-Reasons for reopening was not supplied-Directed to supply reasons for reopening-Directed to pass in accordance with law-Matter remanded. [S. 69B, 147]

Jitender Kumar Gupta (HUF) v. ACIT (2021) 189 ITD 714 (Hyd.) (Trib.)

S. 147 : Reassessment-With in four years-Recorded reasons-Return filed regularly-Recorded reasons without application of mind-Reassessment was quashed. [S. 139, 148]

Satish Kumar Khandelwal v. ITO (2021) 189 ITD 118 / 213 TTJ 584/ 206 DTR 289 (Jaipur)(Trib.)

S. 147 : Reassessment-Search and seizure-Search assessment was required to be made under section 153A or 153C-Reassessment was quashed-Reassessment without communication of reasons recorded when request was made-Reassessment is bad in law-Delay of 492 days in filing of appeal due to mistake of accountant was condoned. [S. 132(4), 148, 153A, 153C, 254(1)]

Samanthapudi Lavanya (Smt.) v. ACIT (2021) 189 ITD 401 (Vishakha)(Trib.)

S. 144C : Reference to dispute resolution panel-No variation in income-Draft assessment order was not warranted. [S. 92C, 143 (3)]

Silver Bella Holdings Ltd. v. ACIT(IT) (2021) 189 ITD 678 (Delhi) (Trib.)

S. 144 : Best judgment assessment-Civil construction-Rejection of books of account-Estimation of 5% of net profit on gross receipts-Tribunal estimated at 3%. [S. 145(3)]

Shri Lakshmanan v. ITO (2021) 189 ITD 499 (Chennai)(Trib.)

S. 144 : Best judgment assessment-Change of jurisdiction-Fresh notice was not issued-Assessment is held to be bad in law. [S. 120, 143(2)]

Cosmat Traders (P.) Ltd. v. ITO (2021) 189 ITD 504 (Kol.)(Trib.)

S. 143(3) : Assessment-Cash credits-Mismatch of tax deducted at source-Turnover-Difference in 26AS and actual turnover-Addition cannot be made only on the basis of information as per form No. 26AS. [S. 68]

ITO v. Star Consortium (2021) 189 ITD 105 (Kol.)(Trib.)