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. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Application is filed after five months from period of extension granted and six months after original order-Delay is not condoned.
ITO v. Shivajirao R. Chavan (2023)107 ITR 208(Ahd) (Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Sundry creditors-Matter restoring back to Assessing Officer to make further enquiries is affirmed. [S. 246A,250, 251(1)(a)]
Arun Kumar Bose v. ITO (2023)107 ITR 263 (Kol) (Trib) Editorial: Order is reversed by High Court Arun Kumar Bosev. ITO (2023) 458 ITR 32 (Cal)(HC)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Passing order merely stating wrong facts by cut paste from other assessee’s record-Matter remanded to Commissioner (Appeals) for adjudication afresh in accordance with law.[S. 249]
Bharti Singh (Smt.) v. Dy. CIT (2023)107 ITR 29 (SN)(Amritsar) (Trib)
S. 206C : Collection at source-Trading-Alcoholic liquor-Forest produce-Scrap-Limitation-Assessment year 2012-13-Assessing Officer ought to have assessed order under section 206C(6A) on or before 31-3-2016-Order barred by limitation-Penalty-Failure to collect tax at source-Quantum appeal quashed-Penalty cannot be levied. [S. 206C(7),271CA]
Nisarahmed Abdulsattar Shaikh v. ITO (2023) 107 ITR 233 (Ahd.)(Trib.)
S. 154 : Rectification of mistake-Mistake apparent from the record-Corporate social responsibility-Disallowance is not justified-The Assessing Officer is directed to rectify the mistakes under section 154 within three months. [S. 40(a)(ia), 143(1)]
Ness Digital Engineering (India) P. Ltd. v.Add. CIT (2023)107 ITR 584 (Mum) (Trib)
S. 154 : Rectification of mistake-Mistake apparent from the record-Agricultural income-Book profit-Refund of claim-Order of Assessing Officer disposing of rectification application recomputing book profits including agricultural Income-Directed to grant the refund. [S.10(1),115JB]
Abhimanu Adventure Resorts P. Ltd. v Dy. CIT (2023)107 ITR 1 / (2024) 227 TTJ 8 (UO) (Chd) (Trib)
S. 153C : Assessment-Income of any other person-Search-Satisfaction note-Incriminating material referred in satisfaction note not connected to assessee-Order is held to be invalid and quashed.
Bhavya Residency P. Ltd. v. Asst. CIT (2023)107 ITR 10 (SN) (Delhi)(Trib.)
S. 153A : Assessment-Search-No incriminating material found in search-Alleged bogus long-term capital gains-Amalgamation approved by High Court-No evidence to prove transactions were bogus-Addition is deleted-No search on assessee-No assessment order could have been passed. [S. 10(38) 132, 133A]
Dy. CIT v. Bajrang Lal Bamalwa (2023)107 ITR 130 (Kol) (Trib)
S. 147 : Reassessment-Cash credits-Undisclosed income-Source of cash deposits explained-Addition not sustainable-Reassessment invalid.[S. 68, 148]
Kuldeep Kumar v. ITO (2023)107 ITR 241 (Jodhpur) (Trib)
S.147: Reassessment-After the expiry of four years-With in four years-Raised specific query in the original assessment proceedings-No new tangible material-Reassessment is bad in law.[S. 143(3 148]
Khed Economic Infrastructure P. Ltd. v. Dy. CIT (2023)107 ITR 83 (SN)(Pune) (Trib)