S. 263: Commissioner-Revision of orders prejudicial to revenue-Partnership firm -Remuneration to partner -Minor typographical error in partnership deed -Revision not justified-Delay in filing of appeal was condoned. [S.40(b), 253(5), 254(1)]
Ajar Amar Steels v. PCIT (2025) 128 ITR 323 (Chd) (Trib.).
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. 255: Appellate Tribunal -Procedure -Functions-No prohibition requiring a Special Bench as a rule to stay its hands when a similar/identical issue is pending before the High Court-Special Bench can proceed to hear and decide the appeal in accordance with law. [S. 14A,158A, 250]
J. P. Morgan Chase Bank, NA v. JCIT (2025) 128 ITR 291 [SB] (Mum)(Trib.)S. 254(1): Appellate Tribunal-Powers-Additional evidence -Revenue produced additional evidence -Matter was remanded to the file of CIT(A) for de novo adjudication. [68, 69C, 80IB, 148]
ITO v. A. K. Exports (2028) 128 ITR 572 (Chd)(Trib)S. 251: Appeal-Commissioner (Appeals) -Powers-Duty to adjudicate jurisdictional grounds -Matter remanded where legal grounds not decided before setting aside assessment. [S. 144, 147, 148, 250, 254]
Arun Kumar Gupta v. Asst. CIT (2025) 128 ITR 186 (Surat)(Trib.).S. 249: Appeal-Commissioner (Appeals)-Form of appeal and limitation-Condonation of delay -Ex parte assessment -Matter remanded for fresh adjudication. [S. 143(3), 221(1), 271(1)(c)]
Geethika Enterprises v. ITO (2025) 128 ITR 556 (Hyd.)(Trib.).S. 153D: Assessment-Search-Approval-Mechanical approval-Multiple approval on other group cases -Non-application of mind -Order was quashed. [S. 132, 153A]
Navratan Management P. Ltd v. Dy. CIT (2025) 128 ITR 100 (Mum)(Trib)S. 153C: Assessment-Income of any other person-Search-Undisclosed contract receipts -Estimation of profit at 8% upheld-Addition was deleted. [S. 44AD, 132(1)]
Sai Chandra Construction Co. v. Dy. CIT (2025) 128 ITR 493 (Delhi)(Trib.).S. 153C: Assessment of person other than searched person -Satisfaction note -Addition on basis of unacted seized agreement -Invalid approval under section 153D -Entire assessment quashed. [S. 69C, 132, 143(3), 153D]
Pushpanjali Construction (P.) Ltd. v. Dy. CIT (2025) 128 ITR 201 (Trib.).S. 153C: Assessment-Income of any other person -Search-A satisfaction note is required to be recorded under section 153C for each assessment year-A consolidated satisfaction note recorded for different assessment years would vitiate entire assessment proceedings [S. 132, 153A]
Anjana Construction v. ACIT (2025) 128 ITR 148 (Jodhpur)(Trib.)S. 147: Reassessment -“Reason to believe” -Reopening invalid where reasons recorded are factually incorrect and based on non-application of mind-Assessment was quashed. [S. 148, 151]
ITO v. Taj Land Developers and Promoters (P.) Ltd. (2025) 128 ITR 167 (Chd.)(Trib.).