S. 263 : Commissioner-Revision of orders prejudicial to revenue- Depreciation-Different treatment for leased assets for book purposes and Income tax return-Revision is held to be valid. [S. 32]
NXP India P. Ltd. v. PCIT (2020) 83 ITR 52 (SN) (Bang.)(Trib.)
Digest of case laws
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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
Click here to download the pdf versions of the Digest of case laws S. 263 : Commissioner-Revision of orders prejudicial to revenue-Long term capital gains-Penny stock-Sale of shares-Acceptance of declaration-Plausible view-Revision is held to be not sustainable. [S.10(38) 45, Income Declaration Scheme, 2016]
Manisha Ajay Shah (Mrs.) v. PCIT (2020) 83 ITR 75 (SN) (Mum.) (Trib.)S. 254(1) : Appellate Tribunal-Duties-Additional evidence-Failure by department to show why documents needed or explain connection of documents with controversy in question-Additional evidence not to be admitted. [ITAT R, 1963, 29]
ITO v. Aravali Prime Consultants P. Ltd. (2020) 83 ITR 2 (SN) (Jaipur) (Trib.)S. 253 : Appellate Tribunal-Monetary limits-Gift from husband-On merit and also on the basis of circular of the Board , the appeal of revenue was dismissed. [S. 69]
ITO v. Sudhansubala Rout (2020) 83 ITR 15 (SN) (Cuttack)(Trib.)S. 253 : Appellate Tribunal-Vivad Se Vishwas Scheme-Appeal Dismissed As Withdrawn-[Direct Tax Vivad Se Vishwas Act, 2020]
Chitradurga District Co-Op. Central Bank Ltd. v. Dy. CIT (2020) 83 ITR 81 (SN) (Bang.)(Trib.)S. 251 : Appeal-Commissioner (Appeals)-Powers-Amendment by Finance Act, 2001-Commissioner (Appeals) cannot restore matter to Assessing Officer for verification and fresh decision-He must take decision one way or other-Appellate Tribunal-Additional ground raised by the assessee was admitted-Matter remanded to the Assessing Officer. [S. 132(4A), 250, 254(1)]
Ulhas Vasantrao Bagul v. Dy. CIT (2020) 83 ITR 49 (SN) (Pune)(Trib.)S. 250 : Appeal-Commissioner (Appeals)-Duties-Coterminous powers with the Assessing Officer-Remand report-No steps taken by Assessing Officer to verify the facts-Commissioner (Appeals) is duty bound to verify the documents filed by the assessseee- Matter remanded to Commissioner (Appeals).
Hitech Comprint Pvt. Ltd. v .Dy. CIT (2020) 83 ITR 57 (SN) (Bang.)(Trib.)S. 250 : Appeal-Commissioner (Appeals)-Duties-Capital gains- Commissioner (Appeals) not considering the documents produced before him- Matter remanded to Assessing Officer. [S. 254(1)]
Dhanagiri (Alias) Sulegi Mallesh (Late) and Vittgal Sulegi v. ITO (2020) 83 ITR 33 (SN) (Hyd.)(Trib.)S. 195 : Deduction at source-Non-resident-Fees for technical services-Consulting services-Commission for procuring orders from customers -No permanent establishment or business connection in India-Not liable to deduct tax at source. [S. 9(1)(vii), 201(1), 201(IA)]
Snap Computer Systems Pvt. Ltd. v. ITO(IT) (2020) 83 ITR 28 (SN) (Indore)(Trib.)S. 154 : Rectification of mistake-Mistake apparent from record-Bad and doubtful debts-Assessing Officer giving effect to the order of the Appellate Tribunal and allowing the bad and doubtful-Rectification of reassessment order on same issue is not permissible. [S. 36(1)(viia) 148, 254(1)]
Dy. CIT(LTU) v. Union Bank of India (2020) 83 ITR25 (SN) (Mum.)(Trib.)