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 –
Revision —Housing project —Method of accounting – Adopting Percentage Completion Method And Project- Revision is held to be not valid . [S. 145 ]

Surekha Builders and Developers Pvt. Ltd. v PCIT (2020)81 ITR 24 (SN( Ctk) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Limitation – Service of order not relevant passing of order is relevant – Not given sufficient opportunity to give reply – Natural justice violated – Order quashed [ S.263(2) ]

Jaidurga Minerals v. PCIT (2020) 81 ITR 67 (SN)/ 208 TTJ 96/ ( 2021) 200 DTR 205 (Cuttack ) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Revision —No discussion in assessment order- Mere extraction of submissions would not show assessing Officer applied his mind — Revision is held to be valid .[ S.80IA ]

Hindumal Balmukund Investment Co. Pvt. Ltd. v. PCIT (2020) 81 ITR 48 (SN) (Pune) (Trib)

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Income from holiday home- Income from business or Income from other sources – Income from house property – Revision is held to be not valid [ S. 22, 28(i) , 56 ]

Electro Urban Co-Operative Credit Society Ltd. v PCIT (2020)81 ITR 17 (SN) ( Kol) ) (Trib)

S. 250 : Appeal – Commissioner (Appeals) –Challenging entire Additions- Commissioner (Appeals) Considering only two out of seven items — Matter remanded to Commissioner (Appeals) to decide afresh . [ S.57 , 251 , 254(1) ]

Regunathan Venkata Rajendran v. ACIT (2020) 81 ITR 71 (SN) ( Bang) (Trib)

S. 250 : Appeal – Commissioner (Appeals) – Not mentioning of service of notice – Order was passed without giving an opportunity – Order set a side to decide on merit [ S.251, 254(1) ]

Maharishi Dayanand Educational Society v .ITO (E) (2020) 81 ITR 86 (SN) ( Delhi ) (Trib)

S. 250 : Appeal – Commissioner (Appeals) – Duties – Ex parte – Required to dispose of the appeal of the assessee by an order in writing stating the points for determination, the decision thereon and the reasons for the decision- Directed to dispose the appeal on merits in accordance with law .[ S 68, 143(3) 148 ].

A. J. Mill Store Agency Pvt. Ltd. v. ITO (2020) 81 ITR 64 (SN) (Kol) (Trib)

S.147: Reassessment – Client code modification – Income from undisclosed sources -Addition of entire addition as addition income – Reassessment was quashed and on merit addition was deleted.[ S.69 A , 148 ]

Mukesh Chand Garg v. ITO (2020) 81 ITR 22(SN) (Delhi) (Trib)

S. 147 : Reassessment – Reasons for initiation of those proceedings ceased to survive- Other than those in respect of which proceedings initiated will not survive .[ S.148 ]

Raj Bala v .ITO (2020) 81 ITR 31 (SN) ( Delhi) (Trib) Joginder Dahiya v .ITO (2020) 81 ITR 31 (SN) ( Delhi ) (Trib)

S.147:Reassessment —Charitable Trust – On the basis of same set of facts, which were already available on record – Reassessment is not sustainable.- Delay of 212 days in filing of cross objection is condoned . [ S.2(15), 11 , 12AA ,148, 253(5) ]

Dy. CIT (E) v Gandhinagar Urban Development Authority (2020)81 ITR 51 (SN) /207 TTJ 17 (UO)( Ahd) (Trib)