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 – Record – Pendency of appeal before CIT (A) -Order passed after considering all Details-Revision is held to be not valid .[ S. 40A(3), 250, 263 , Expln.1(c)]

CIT v. Vam Resorts and Hotels P. Ltd. (2019)418 ITR 723/( 2020) 186 DTR 205/ 314 CTR 555 (All (HC)

S. 220 : Collection and recovery – Assessee deemed in default – Stay – Pendency of appeal before CIT(A) – Application for stay of recovery can be made before the CIT(A) to stay the demand still disposal of appeal by the CIT (A) [ S. 115Q, 220 (6) , 246A, 264 , Art .226 ]

Grasim Industries Ltd v Dy.CIT ( 2019) 267 Taxman 524/ 184 DTR 42 ( Bom) (HC)

S. 154 : Rectification of mistake – Pendency of appeal or revision is no bar on the AO on power of amendment or rectification -Matter did not assume character of a sub-judice matter . [ S.154(IA) , Art .226 ]

Piramal Investment Opportinites Fund v ACIT ( 2019) 267 Taxman 297/ 182 DTR 305/ 311 CTR 4 ( Bom) (HC)

S. 220 : Collection and recovery – Assessee deemed in default – Stay – Relevant consideration – Conflicting decisions of Tribunal- Complete stay of demand may be granted -Decision of Jurisdictional High Court is binding on the CIT(A) – Stay was granted [ S. 220(6) , Art .226 ]

General Insurance Corporation of India v .ACIT ( 2019) 311 CTR 851/ 267 Taxman 596 / 184 DTR 249/ (2020)422 ITR 248 ( Bom) (HC) .

S.147: Reassessment – Change of opinion- Amortisation of barnd value – Query raised and responded – Issue examined in the original assessment proceedings – Reassessement is held to be bad in law [ S.115JB 148 , Art .226 ]

Marico Ltd v ACIT ( 2019) 311 CTR 865 / 183 DTR 190 /(2020) 425 ITR 177 ( Bom) (HC)

S. 244A : Refund – Interest on refunds – Tax deducted at source – Quatitifucation of interest – Interest would be pyable from the respective assessment years – Starting point for computing the interest payble must be to the assessment year in which the tax was deducted at source .[ S. 195(2) , 199 244A(1)(a) ]

PCIT v Kumagai Sknska HCCITOCHU Group ( 2019) 311 CTR 838 ( Bom) (HC)

S. 271(1)(c) : Penalty – Concealment – Search and seizure- Return filed after search action- Income returned was accepted -In the absence of addition no penalty can be levied . [ S. 132 , 153C, 271C ]

PCIT v. Rajkumar Gulab Badgujar ( 2019) 111 taxmann.com 256 / 267 Taxman 489 (Bom) (HC) Editorial: SLP of revenue is dismissed PCIT v. Rajkumar Gulab Badgujar ( 2019) 267 Taxman 488 (SC)

S.147: Reassessment -Failure to file return- Huge loss – National and muticommodity exchange – Objections stating that no income was erned and suffered heavy loss not considered – Reassessment is held to be bad in law .[ S. 139 , 148 Art. 226 ]

Mohanlal Champalal Jain v. CIT ( 2019) 102 taxmann.com 293 (Bom) (HC) Editorial: SLP of revenue is dismissed ITO v. Mohanlal Champalal Jain ( 2019) 267 Taxman 391 (SC)

Limitation Act , 1963 .
S.5 : Extension of prescribed in certain cases – Condonation of delay- 916 days- A liberal approach is to be taken in the matter of condonation of delay – The consideration for condonation of delay would not depend on the status of the party , namely the Government or the pubic bodies – Condonation of delay is not automatic- No proper explanation was filed for condonation of delay – Condonation of delay was dismissed . [Civil Procedure, 1908, Order XXI of the Code Art. 226 ]

University of Delhi v. UOI (SC), www.itatonline.org

Interpretation of taxing statutes – Constitution of India
Art. 141 : Precedent – SLP dismissal – Non-speaking order -It does not constitute a declaration of law under Article 141 of the Constitution, or attract the doctrine of merger. [ Art, 136 ]

P. Singaravelan v. District Collector (SC),www.itatoline.org