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-Business promotion expenses-Freebies-Change of opinion–Cannot revise the order where the Assessing Officer has conducted enquiry and allowed expenses. [S. 37(1)]
HBC Lifesciences P. Ltd. v. PCIT (2024)113 ITR 65 (SN)(Ahd)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Share valuation-Issue of right shares-Deeming provision-Revision on ground unsecured loans not included in valuation-Revision order is set aside. [S 56(2)(viib, R.11UA)
Tiki Tar Industries Baroda Ltd. v. PCIT (2024)113 ITR 388 /228 TTJ 227/235 DTR 49 (Ahd)(Trib)
S. 254(1) : Appellate Tribunal-Powers-Delay of three to five years-Condoned-Failure to deduct tax at source-Matter is remanded to the file of Assessing Officer for fresh consideration as per law. [S. 194C]
Chief Officer, Town Municipal Council, Malebennuru v. ITO (TDS) (2024)113 ITR 56 (SN) (Bang) (Trib)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Unexplained money-Commissioner (Appeals)-Natural justice-Remand report not received-Commissioner (Appeals) ought to have waited for remand report and taken steps to expedite submission-Order of Commissioner (Appeals) is set aside and matter remanded to Assessing Officer. [S.69A, R.46A(1)]
Madan Lal Sharma v. ITO (2024)113 ITR 42 (SN)(Jaipur)(Trib)
S.250: Appeal-Commissioner (Appeals)-Procedure-Unexplained investments-Unexplained money-Cash credits-Affidavit-Addition is deleted-Delay in filing the appeal is condoned-Commissioner (Appeals) does not have power to dismiss appeal for non-prosecution-[S. 68, 69A,115BBE, 250]
Meda Raja Kishor Raghuramy Reddy v.ACIT (2024)113 ITR 258 (Panaji)(Trib)
S. 234B : Interest-Advance tax-Appropriate credit for taxes paid before assessment or self-assessment tax-Eligible for consequential relied-Interest on refund-Refund was more than 10 Per Cent. of tax determined after taking into account relief under Section 234B-Entitled to refund. [S.140A, 244A]
Miraj Developers Ltd. v. CIT (Appeals) (2024)113 ITR 531 /229 TTJ 60/ 236 DTR 353 (Jodhpur)(Trib)
S. 154 : Rectification of mistake-Mistake apparent from the record-Co-Operative Society-Deduction-Interest-Mutuality-Claims and contentions both on legal and factual-Matter remanded to Commissioner (Appeals)-Delay in filing of appeal is condoned.[S.80P, 143(1), 253(2)]
Punyabhoomi Welfare Service Society v. ITO (2024)113 ITR 58 (SN) (Ahd)(Trib)
S. 154 : Rectification of mistake-Mistake apparent from the record-Interest on refund-Assessing Officer is directed to allow interest under Section 244A up to respective dates of credit of refund in account. [S. 244A]
Everest Business Advisory India P. Ltd. v. ACIT (2024)113 ITR 5 (SN)(Delhi)(Trib)
S. 153C : Assessment-Income of any other person-Search- Limitation-From date of handing over of books of account and other documents by Assessing Officer of person searched to Assessing Officer of third person-Limitation will start on date of recording of satisfaction note by Assessing Officer of person searched that incriminating material referred to third person-Assessing Officer of person searched also having jurisdiction over third person-Assessment year falling beyond stipulated six assessment years and four relevant assessment Years-Barred by limitation. [S. 132, 153A(1)]
KSJ Infrastructure P. Ltd. v. Dy. CIT (2024)113 ITR 433 /229 TTJ 609/238 DTR 257 (Chennai)(Trib)
S. 153A: Assessment-Search-Income from undisclosed sources-Hotel business-Cost of construction of hotel building-Valuation referred to Departmental Valuation Officer-Difference in value cannot be added as undisclosed income-Rejection of books of account-Addition is not justified-Business loss-Carry forward-Allowed current year business loss and carry forward thereof for set off in subsequent years.[S. 69, 145 (3)]
Khanna Infrabuild P. Ltd. v. Dy. CIT (2024)113 ITR 595/231 TTJ 530 (Chd)(Trib)