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 – Capital gains — Cost of acquisition —Tribunal directed the assesse to file relevant documents and directed the AO to decide accordance with law . [ S.45, 48 ]
Pravinbhai Mafatlal Joshi v. ITO (2018) 61 ITR 775 (Ahd.) (Trib)
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Derivative loss – Setting a side of order without giving any finding was held to be bad in law [ S.43(5) ]
Sadhana Stocks & Securities (P.) Ltd. v. PCIT (2018) 168 ITD 499 (Kol) (Trib.)
S. 263: Commissioner – Revision of orders prejudicial to revenue – Even if there is lack of inquiry by the AO and the assessment order is “erroneous” under Explanation 2 to s. 263, the order is not “prejudicial to the interests of the Revenue” [ S. 2(43),40(a)(v)115JB]
Rashriya Chemicals & Fertilizer Limited v. CIT ( 2018) 91 taxmann.com 104 (Mum)(Trib) , www.itatonline.org
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Source of capital contribution was explained – Source of the source cannot be gone in to – Revision was held to be bad in law [ S. 68 ]
Prayag Tendu Leaves Processing Co. v. CIT (2018) 400 ITR 120 / 252 Taxman 306 (Jharkand) (HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Income from letting out shops – Income from house property or business income – Two views possible – Revision was held to be not valid
PCIT v. Atlantis Multiplex P. Ltd. (2018) 400 ITR 458 (All) (HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Enhancement of agricultural income -Failure to make proper enquiry by the AO in the course of assessment proceedings , revision was held to be valid – Tribunal was justified in admitting the additional evidence which was filed by the revenue [ S. 254(1) ]
Virbhadra Singh (HUF) v. CIT (2018) 400 ITR 530 (HP) (HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue –Gift- Conclusion drawn by Assessing Officer was consistent with information provided by donors therefore revision was held to be not valid .[ S. 68 ]
Sunil Kumar Rastogi v. CIT (2018) 406 ITR 306/252 Taxman 293 (All)(HC)
S. 260A : Appeal – High Court -Ex parte order can be recalled if sufficient cause shown [ S. 260A(7), 263, 68 , Code Of Civil Procedure, 1908, O.XLI , r. 21. ]
Prayag Tendu Leaves Processing Co. v. CIT (2018) 400 ITR 120/ 252 Taxman 306 (Jharkand) (HC)