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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Interpretation of taxing statues – Principle of Resjudicata does not apply to income tax proceedings – In the absence of any change in the circumstances revenue could not reopen the question which had been decided upon in the earlier years .

Radhasoami Satsang v. CIT (1992] 193 ITR 321 / 60 Taxman 248 / (1991 ) 100 CTR 267 (SC) Editorial : Refer Godrej & Boycee Mamaufacturing Co Ltd v .DCIT ( 2017 ) 394 ITR 449/ 247 Taxman 361/ 151 DTR 89/ 295 CTR 121 (SC)/ CIT v. Excel Industries Ltd ( 2013 ) 358 ITR 295 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Show cause notice-Writ against the show cause was dismissed. [Art. 226]

Ayyappa Roller Flour Mills Ltd. v. ITO (2021) 280 Taxman 450 (Ker.)(HC)

S. 260A : Appeal-High Court-Tax effect is more than Rs.1 crore-Appeal restored.

CIT v. Gujarat Lease Financing Ltd. (2021) 280 Taxman 449 (Guj.)(HC)

S. 254 (1) : Appellate Tribunal-Duties-Ex-parte order-Order passed without considering the application for an adjournment filed by the son and without application of mind-Order of Tribunal set aside and remanded back for fresh consideration. [S. 143(3)]

Harish Wadhwa v. ITO (2021) 280 Taxman 171 (Karn.)(HC)

S. 251 : Appeal-Commissioner (Appeals)-Powers-New claim-Can be made before the Appellate Authority though neither claimed in the original return nor filed the revised return. [S. 139]

PCIT v. Karnataka State Co-operative Federation Ltd. (2021) 280 Taxman 452 (Karn.)(HC)

S. 245R : Advance rulings-Capital gains on transfer of LLP interest in an Indian LLP-DTAA-India-Netherlands-Application admitted. [S. 245R(ii), Art. 13]

ADS Apollo Holdings B.V., In re (2021) 280 Taxman 113 (AAR)

S. 245D : Settlement Commission-Failure to produce the material-Rejection of application is held to be valid. [S. 245D(4), Art. 226]

K.S.Thirumalaivasan v. Chairman, ITSC (2021) 280 Taxman 423 / 203 DTR 313(Mad.)(HC)

S. 245D : Settlement Commission-Proceedings stood completed only formal order to be pronounced-Finance Bill, 2021-Directed to pass formal order on or before 31-3-2021. [S. 245D(4), Art. 226]

Dilip Bhimjibhai Mavani v. ITSC (2021) 280 Taxman 145 (Guj.)(HC)

S. 237 : Refunds-Additions were deleted in appeal-Refund not granted-Notice is issued to the revenue. [Art. 226]

Make My Trip-India-(P.) Ltd. v. Dy.CIT (2021) 280 Taxman 142 (Delhi)(HC)

S. 220 : Collection and recovery-Assessee deemed in default-Attachment of residential property, commercial property and five bank accounts-TRO was directed to lift attachment over commercial property and release said property to deposit amount of tax payable under resolution scheme-Direct Tax Vivad se Vishwas Act, 2020. [S. 222, Art. 226]

Amitkumar Mathurdas Kaneria v. TRO (2021) 280 Taxman 272 (Guj.)(HC)