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. 270A:Penalty for under-reporting and misreporting of income-
Closing stock-Difference in value-Inadvertent mistake cannot be considered as misreporting of income. [S. 44AB, 270A(8)]

A.CIT v Mahashian Di Hatti P. Ltd. (2024)114 ITR 44 (SN)(Delhi)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Co-Operative Society-Interest on deposits with Co-Operative Bank-Entitled to deduction-Order of Assessing Officer is not erroneous and prejudicial to interests of revenue-Revision order is set aside.[S.80P(2)(d), 143(3)]

Jagadhri Co-Operative Marketing Cum Processing Society Ltd. v Pr. CIT (2024)114 ITR 631 / 227 TTJ 676 /239 DTR 99(Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search and Seizure-Order passed after getting approval from Joint Commissioner-Order passed after examining the documents-Addition made on third-party based on documents and recorded statements-Third party order is not revised-Double taxation–Referred documents not of impugned assessment year or not belonging to assessee-Revision order is not valid. [S.133A 153A, 153B]

Gyan Infrabuild P. Ltd. v. PCIT (2024)114 ITR 184/230 TTJ 273/ 239 DTR 265/162 taxmann.com 664 (Pat)(Trib)

S. 254(1): Appellate Tribunal-Additional evidence Commissioner (Appeals)-Specific request of the CIT(A) to produce invoices of particular period-No violation of Rule 46A. [S. 250, R.46A]

ACIT v. Ludhiana Beverages P. Ltd. (2024)114 ITR 81 (SN)(Amritsar)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Dismissing appeal without appreciating grounds on merits-Transfer Pricing-Not dealing with issues-Disallowance of expenditure-Exempt income-Cryptic order-Matter remitted to Commissioner (Appeals) for fresh consideration. [S. 14A, 92C, 92CA, 115BBD, 154, R.8D]

Computer Sciences Corporation India P. Ltd. v. Dy. CIT (2024)114 ITR 237 (Hyd)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Commissioner (Appeals) is bound to adjudicate appeal on merits in accordance with law by speaking order recording reasons.[S.69A, 250(6)]

Brijeshkumar Jayantibhai Patel v. ITO (2024) 114 ITR 1 (SN) (Ahd) (Trib)

S. 250 : Appeal-Commissioner (Appeals)-Powers-Dismissing the appeal without deciding on merits-Transfer price-Comparable-Exempt income-Matter remitted to Commissioner (Appeals) for fresh consideration.[S. 14A, 92C 92CA, 115BBD, R. 8D]

Computer Sciences Corporation India P. Ltd. v. Dy. CIT (2024)114 ITR 237 (Hyd)(Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Affidavit-Missing E-Mail received-No reason to dis believe the affidavit-Delay condoned-Matter remanded to CIT(A) to decide on merit.[S. 246A, 271(1)(c)]

Naresh Topandas Aidasani v. Dy. CIT (2024)114 ITR 76 (SN)(Mum) (Trib)

S. 234B : Interest-Advance tax-Representative-Investment fund-Passing through taxation-Entitle to credit for tax deducted at source-Assessing Officer to Charge correct interest after giving effect to Commissioner (Appeals) order-CBDT, Circular No 13 of 2014 dt. 28-7-2014 (2014) 366 ITR 2 (St). [S. 160(1)(iv), 164(1), 234C, R. 37BA(2)]

Investcorp Real Estate Yield Fund v ITO (2024)114 ITR 39 (SN)(Mum)(Trib)

S. 201 : Deduction at source-Failure to deduct or pay-Provision in the books of account-Accrual basis-Payee was not known-Tax deducted at source on booking of expenses in following year-Interest leviable only up to date of deduction of tax in subsequent year-Order of CIT(A) is affirmed. [S. 201(1), 201(IA)]

Dy. CIT v. Zte Telecom India P. Ltd. (2024)114 ITR 38 (SN)(Delhi)(Trib)