S. 263 : Commissioner – Revision of orders prejudicial to revenue – Provision for warranty – Revision order is held to be not valid .[ S.143(3) ]
CIT v. Rane Trw Steering Systems Ltd. (2020)423 ITR 291 (Mad) (HC)
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 –
Assessing Officer making enquiries pertaining to remuneration of partners and expenses and receipts – Order is neither erroneous nor prejudicial to interests of revenue .
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Bogus purchases —Statement by Investigation Wing- Disallowance of 15% of unverifiable purchases – Order of Tribunal is affirmed – Rejection of rectification is held to be justified [ S. 69C , 132 ,147 , 148, Art , 226 ]
Lunawat Gems Corporation v .CIT (2020)423 ITR 171 (Raj)(HC)251 : Appeal – Commissioner (Appeals) – Powers – Powers of Appellate Authorities — Appellate Authorities can consider claim not raised before Assessing Officer Education cess is held to be deductible . [ S. 40(a)(ii) 254(1) ]
Sesa Goa Ltd. v. JCIT (2020)423 ITR 426 /117 taxmannn.com 96/ 193 DTR 41/ 316 CTR 446 (Bom) (HC)S. 251 : Appeal – Commissioner (Appeals) – Powers – Claim for allowability of lease rent which was neither made in the return nor before the Assessing Officer – Cannot be raised first time before Commissioner (Appeals) without any evidences [ S.37(1), 246A ]
FCI Technologies Services Ltd. v. ACIT (2020)423 ITR 368 (Ker) (HC)S.245C: Settlement Commission – Settlement of cases –Powers – Settlement Commission cannot consider merits of case at the stage of admission [ S .245D(2C ) ]
Hitachi Power Europe Gmbh v. ITSC (2020)423 ITR 472 /194 DTR 44(Mad)(HC) Editorial : Appeal of revenue is dismissed , Dy. CIT (IT) v. Hitachi Power Europe Gmbh and Ors. (2020) 428 ITR 208 (Mad) (HC)S.234F: Fee for default in furnishing return of income -Delay in filing return – Levying fee – Provision is held to be valid [ Art , 14 , 226 ]
K. Nirai Mathi Azhagan v. UOI (2020)423 ITR 339/ 192 DTR 359/ 316 CTR 23 (Mad)(HC)S. 234C : Interest – Deferment of advance tax – Mere filing of review petition before Supreme Court could not be ground for not paying advance tax . [ S.119 ]
Canbank Financial Services Ltd. v Chief CIT (2020)423 ITR 113 /194 DTR 118/ 317 CTR 834 (Karn)(HC)S. 226 : Collection and recovery – Stay -Appeal pending before Commissioner (Appeals) — Request to keep the demand in abeyance- Assessing Officer refusing and directing to pay 20 Per Cent. of demand — Held to be not proper- Commissioner (Appeals ) was directed to hear the appeal expeditiously [ S.246A ]
Bhupendra Murji Shah v. Dy CIT (2020) 423 ITR 300 (Bom)(HC)S. 194H : Deduction at source –Commission on reinsurance premium – Not liable to deduct tax at source .
CIT v. Royal Sundaram Alliance Insurance Co. Ltd. (2020)423 ITR 122 (Mad)(HC)