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S. 271(1)(c) : Penalty-Concealment-Depreciation withdrawn during subsequent search proceedings-Levy of penalty is held to be not justified. [S. 32, 132(4), 153A]

PCIT v. Financial Technologies Ltd. (2019) 112 taxmann.com 398 (Bom.)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Financial Technologies Ltd (2020) 269 Taxman 32 (SC)

S. 271(1)(c) : Penalty-Concealment-Unless while issuing notice under section 271, read with section 274, no details of any charge were provided penalty cannot be levied [S. 274]

PCIT v. Basanti Properties (P.) Ltd. (2020) 114 taxmann.com 540 (Cal.)(HC) Editorial : SLP of revenue is dismissed due to low tax effect, PCIT v. Basanti Properties (P.) Ltd. (2020) 269 Taxman 573 (SC)

S. 271(1)(c) : Penalty-Concealment-Sale of land-Levy of penalty was held to be not justified.

PCIT v. Synbiotics Ltd (2019) 112 taxmann.com 399 (Guj.)(HC) Editorial: SLP of revenue is dismissed, PCIT v. Synbiotics Ltd (2020) 269 Taxman 50(SC)

S. 271(1)(c) : Penalty-Concealment-Mercantile method of accounting-Recovery of loan was doubtful-Interest has shown as income-Deletion of penalty is held to be justified. [S. 145]

CIT v. Hiralal Amritlal Parekh & Co. (2020) 117 taxmann.com 125 (Guj.)(HC) Editorial : Revenue was granted two weeks time to refile SLP and, in case of revenue’s failure to do so, SLP would be treated as dismissed for non-prosecution CIT v. Hiralal Amritlal Parekh & Co. (2020) 272 Taxman 96 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Tax credit-High Court affirmed the order of Tribunal by following the rule of consistency-DTAA-India-Oman. [S.90(a)(ii), Art. 25 (4)]

PCIT v. Indian Farmers Fertilizers Cooperative Ltd. (2020) 113 taxmann.com 598 (Delhi) (HC) Editorial: SLP is granted to the revenue PCIT v. Indian Farmers Fertilizers Cooperative Ltd. (2020) 270 Taxman 187 (SC)

S. 260A : Appeal-High Court-Delay of 1744 days-Manager not keeping well-Duty of assessee to watch affairs-Delay was not condoned.

Mani Mandir Sewa Nyas Samiti Ramghat Ayodhaya v. CIT (2020) 119 taxmann.com 382 (All.)(HC) Editorial : SLP of assessee is dismissed, Mani Mandir Sewa Nyas Samiti Ramghat Ayodhaya v. CIT (2020) 274 Taxman 277 (SC)

S. 260A : Appeal-High Court-Delay of 950 days-Defects not removed-Mistake of earlier standing counsel of Department-Appeal was dismissed.

CIT v. Kapil Dev (2020) 119 taxmann.com 290 (Delhi)(HC) Editorial : SLP of revenue is dismissed, as withdrawn due to low tax effect. CIT v. Kapil Dev (2020) 274 Taxman 222(SC)

S. 260A : Appeal-High Court-Delay of 875 days-Appeal was dismissed as there was no reasonable cause.

CIT v. Shirin Kamaljit Singh (Smt.) (2020)115 taxmann.com 242 (Delhi) (HC) Editorial : SLP of revenue is dismissed due to low tax effect, CIT v. Shirin Kamaljit Singh (Smt.) (2020) 272 Taxman 528 (SC)

S. 260A : Appeal-High Court-Situs of the Assessing Officer has to be seen to consider which High Court exercise territorial jurisdiction of such an officer. [S. 127]

PCIT v. Kuantum Paper Ltd. (2020) 117 taxmann.com 141 (Punj. & Har)(HC) Editorial : SLP of revenue is dismissed, PCIT v. Kuantum Paper Ltd.(2020) 272 Taxman 532 (SC) / 273 Taxman 449 (SC)

S. 254(2A) : Appellate Tribunal-Stay-Stay order does not vacate after expiry of a period of 365 days if delay in disposal of appeal is not attributed to assessee-Order of Tribunal is affirmed [S.260A]

PCIT v. Jindal Steel & Power Ltd (2020) 114 taxmann.com 617 (P & H) (HC) Editorial : SLP of revenue is granted PCIT v. Jindal Steel & Power Ltd (2020) 269 Taxman 575 (SC)