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. 264 : Commissioner-Revision of other orders-concessional rate of tax on dividend distributed to its foreign holding company-Not justified in rejecting revision application on ground that assessee could have filed a revised return or an appeal under section 248-DTAA-India-Mauritius-Matter remanded to decide on merit. [S. 9(1)(i), 90, 139(5), 195, 248, art. 10(2),Art.226]
Dun & Bradstreet Technologies & Data Services (P.) Ltd v. PCIT (2024) 297 Taxman 323 (Mad)(HC)
S. 264 : Commissioner-Revision of other orders-concessional rate of tax on dividend distributed to its foreign holding company-Not justified in rejecting revision application on ground that assessee could have filed a revised return or an appeal under section 248-DTAA-India-Mauritius-Matter remanded to decide on merit. [S. 9(1)(i), 90, 139(5), 195, 248, art. 10(2),Art.226]
Dun & Bradstreet Technologies & Data Services (P.) Ltd v.PCIT (2024) 297 Taxman 323 (Mad)(HC)
S. 264 : Commissioner-Revision of other orders-Fringe benefit tax-Included in the return as abundant caution-CIT(A) held that the amount included in the return is not chargeable to tax-Revision application is filed after 5-6 years-Application for condonation of application is rejected-Allowing the petition the Court held that since it took a long time for Commissioner (Appeals) to dispose assessee’s appeal, Commissioner should have condoned delay and decided matter on merits.[S. 115WB, 143(1), 250, Art. 226]
Hindalco Industries Ltd. v. UOI (2024) 297 Taxman 412 /464 ITR 236 (Bom.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Industrial undertakings-Infrastructure development-Order of Tribunal quashing the revision order and on merit affirmed by High Court. [80IA(4)(ii), 260A]
PCIT v. BT Global Communications India (P.) Ltd. (2024) 297 Taxman 328/337 CTR 179 /466 ITR 714(Delhi)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Shares at premium-Confirmation was filed-Assessing Officer passed the order after verification-Order of Tribunal quashing the revision is affirmed. [S. 56(2) (viib), 143(3), 260A]
PCIT v. Trojan Developers (P.) Ltd. (2024) 297 Taxman 177 (Delhi)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Depreciable assets-Block of assets-Claim of set off of brought forward long term capital loss against short term capital gain under section 50-Plausible view-Order of Tribunal is affirmed. [S. 2(11), 32,72,143(3), 260A]
PCIT v. National Dairy Development Board (2024) 297 Taxman 306 (Guj.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Specific query was raised in the original assessment proceedings-Mere failure to issue notice under section 133(6) did not warrant exercise of jurisdiction under section 263 of the Act-Order of Tribunal is affirmed-SLP of Revenue is dismissed. [S. 37(1), 133(6), 143(3), Art. 136]
PCIT v. R. K. Jain Infra Projects (P.) Ltd. (2024) 297 Taxman 369 /464 ITR 584 (SC) Editorial: PCIT v. R. K. Jain Infra Projects (P.) Ltd(2023) 293 Taxman 465 (Delhi)(HC)
S. 260A : Appeal-High Court-Delay 4 years and 100 days-Failed to give any adequate or sufficient reasons-Appeal was dismissed as time barred-SLP of Revenue is dismissed. [Art. 136]
CIT (IT) v. Bharti Airtel Ltd. (2024) 297 Taxman 371/463 ITR 63 /337 CTR 1 (SC) Editorial : CIT (IT) v. Bharti Airtel Ltd (2024) 159 taxmann.com 315 (Delhi)(HC)
S. 244A : Refund-Interest on refunds-Central Processing Centre (CPC)-Unable to input it foreign bank account details by imputing SWIFT code and IBAN as per ITR-Bank account is validated by revenue on 7-7-2023 and refund was made in October 2023 without interest-High Court directed the Revenue to pay interest on refund amount at rate specified in section 244A from 1-5-2022 to 5-10-2023. [S. 143(1), Art. 226]
Coda Global LLC v. Dy. CIT (IT) (2024) 297 Taxman 299/339 CTR 314 /466 ITR 687 (Mad.)(HC)