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–Survey – Admission of additional income-Assessment order was passed without enquiry—Revision is held to be valid-Central Board of Direct Taxes is directed to issue necessary instructions to all the Assessing Officers in cases of search and seizure or where survey operations have been carried out by the Department and surrender made or concealed income detected, to ensure proper scrutiny of such cases and discuss reasons for rejecting or accepting the books of account of the assessee and not to merely record in slipshod or cursory manner that “the books of account produced and test checked” as done by the Assessing Officer. [S.119, 132, 133A]
CIT v. Venus Woollen Mills. (2019) 412 ITR 188/ 179 DTR 288/ 310 CTR 117 (P&H)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessment after detailed enquiry-Income from house property– Income from other sources- Notice of revision is not valid. [S. 143(3)]
Aryan Arcade Ltd. v. CIT (2019) 412 ITR 277 (Guj.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue -Merger –Bogus purchases-Appeal regarding particular issue was pending before CIT (A) and decided when the reply to show cause notice was pending-Commissioner cannot revise order with regard to that issue. [S. 251]
Haryana Paper Distributors Pvt. Ltd. v. CIT (2019) 412 ITR 515 (Guj.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue- Receipts on account of non-competition fee and assignment of trademark was held to be not taxable by the Assessing Officer- Taking a plausible view- Revision is held to be not valid. [S.55(2)(a)]
CIT v. Sunil Lamba. (2019) 412 ITR 480/ 177 DTR 465/ 311 CTR 581 (Delhi)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue -Merger- Commissioner has no jurisdiction to consider matters considered by Commissioner (Appeals) in Appeal. [S. 2(15), 10(20), 11, 251]
CIT v. Slum Rehabilitation Authority. (2019) 412 ITR 521/ 178 DTR 434/ / 265 Taxman 10 ( Mag.) (Bom.)(HC)
S. 263 : Commissioner – Revision of orders prejudicial to revenue –Share capital at high premium- Directions and guidelines to Assessing Officer to inquire in regard to infusion of share capital at high premium—Revision order is valid-Application for adjournment of hearing was submitted two days after scheduled date of hearing—Principles of natural justice is not violated. [S.68, 119, Code of Civil Procedure 19089 O.IX R. 13]
AIM Fincon Pvt Ltd v. CIT (2019) 412 ITR 539 (Cal) (HC)
S. 260A : Appeal – High Court – Question regarding limitation can be raised for first time Before High Court –Revision was held to be bad in law. [S. 80IB,153A, 251, 260A, 263]
Skyline Builders v. CIT (2019) 412 ITR 182 /179 DTR 165/ 309 CTR 415/ 265 Taxman 38 ( Mag)(Ker.)(HC)
S. 254(1) : Appellate Tribunal–Duties–Bogus purchases–Direction of CIT(A) was set aside by Tribunal-Recording of fact by Assessing Officer that supplier did not file return—Failure by Tribunal as final fact finding authority to consider facts—Matter remanded to Tribunal for fresh disposal. [S. 37(1), 133(6), 251]
CIT v. Meerut Roller Flour Mills (P.) Ltd. (2019) 412 ITR 155/ 263 Taxman 100 (All.)(HC) /Editorial: SLP of assessee dismissed, Meerut Roller Flour Mills (P.) Ltd. v. PCIT [2020] 113 taxmann.com 522 /269 Taxman 273 (SC)
S. 253 : Appellate Tribunal-Territorial jurisdiction-Assessee situated at Moga within jurisdiction of Amritsar Bench-Order passed by Appellate Tribunal at Chandigarh without territorial jurisdiction-Order is null and void-Matter to be sent to Amritsar Bench for disposal. [S. 254(1)]
CIT v. Baba Amarnath Educational Society. (2019) 412 ITR 234 / 180 DTR 308 / 310 CTR 388 (P&H)
S. 245C : Settlement Commission – Settlement of cases –Further disclosure of undisclosed income during settlement proceedings — No full and true disclosure of undisclosed income — Not entitled to Settlement-Assessee was granted liberty to file an appeal within thirty days from the date of receipt of a copy of the judgment of the court in the writ appeal. [S. 245D]
CIT v. Settlement Commission (I&W) (2019) 412 ITR 387/ 178 DTR 341/ 309 CTR 297 (Ker.)(HC)