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. 2(14)(iii): Capital asset – agricultural land – land situated within the jurisdiction of municipality limit – Chargeable to capital gain tax. [ S. 2(14)(iii)(a), 2(14)(iii)(b), 45 ]
Precot Ltd. v ACIT (2023) 201 ITD 350/ 103 ITR 82 (SN) / 226 TTJ 481 (Chennnai)( Trib)
S. 68: Cash credits – Cash deposited – Demonetisation- Explained the source – Explanation cannot be rejected on the ground of after thought – Addition is deleted .
Gouthamchand Jain v. ITO ( Chennai )( Trib ) www.itatonline .org
S. 271D: Penalty-Takes or accepts any loan or deposit-Cash transactions between group company-Common cashier-Book entries-Reasonable cause-Penalty is deleted. [S. 269SS, 269T, 271E, 273B]
Lok Vikas Housing Funds Ltd v. Add. CIT(2023) 223 TTJ 746 (Jaipur)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Lack of enquiry-Sales through NSEL-Alleged out of book sales-NSEL has not responded to the letter issued by the Assessing Officer u/s 133(6)-Possible view-Revision is bad in law and quashed. [S. 133(6), 143(3)]
Namdhari Rice & General Mills v. PCIT(2023) 221 TTJ 784 (Chd)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Lack of enquiry-Contribution to Provident fund and ESI-Justified in setting aside the order-Incentive payments-Commission-Tax deduction at source-Not justified in revising the order-Exempt income-Debatable issue-Revision order is set aside. [S. 14A, 36(1) (v), 139(1), 192, 194H]
O. S. Motors (P) Ltd v. PCIT(2023) 222 TTJ 27(UO)(Jodhpur)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposit-Demonetisation-No lack of proper enquiry-Proper explanation was furnished in the course of assessment proceedings-Revision order is quashed. [S. 68, 143(3)]
Gurucharan Singh v. PCIT(2023) 223 TTJ 53 (Chd)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposited in the bank-Demonetisation-Possible view-Examined in the course of assessment-Revision order is quashed. [S. 68, 144]
Dhanraj Chhipa v. PCIT(2023) 223 TTJ 620 (Jodhpur)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Delay of 932 days is condoned-Merger-Appeal against quantum appeal was dismissed by the CIT(A)-Revision of order is bad in law. [S. 253(5), 250]
Jaipur Telecom (P) Ltd v. PCIT(2023) 223 TTJ 599 (Jaipur) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Fully convertible debentures-Transition amount-Accounting Standard 32-As per terms, would be of a fixed number of equity shares, criteria to classify financial instrument of convertible debentures were not indicative of any compounding financial instrument albeit it was equity-There would not be any transition amount requiring any adjustment in book profit as per section 115JB(2C)-No adjustment is required in the book profit by way of transition amount-Revision order is reversed. [S. 115JB(2C), 143(3)]
Reliance Industrial Investment & Holdings Ltd v. Dy. CIT(2023) 233 TTJ 769 / 149 taxmann. com 113 ((Mum)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessment quashed by Tribunal-Revision order is bad in law. [S. 143(3), 153A]
Salarpuria Properties (P) Ltd v. PCIT (2023) 223 TTJ 644 (Kol)(Trib)