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. 271(1)(c): Penalty-Concealment-Notice stereotyped and irrelevant portion not struck off-Levy of penalty is not valid. [S. 274]

Arun Duggal v. Asst. CIT (2023)106 ITR 3 (SN.) (Delhi) (Trib)

S. 263: Commissioner-Revision of orders prejudicial to revenue-
Revision-Deposit of cash-Demonetisation Period-Deposits directly made by debtors of assessee-Details of cash deposits from parties furnished before Assessing Officer-The Assessing Officer is an investigating and an adjudicating officer-It is not necessary to give a detailed reason in the assessment order in respect of each and every question for the completion of assessment-Possible view-Revision is not valid . [ S. 68, 143(3) ]

Totgars’ Co-Operative Sale Society Ltd. v. PCIT (2023)106 ITR 34 (Bang) Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Revision-Provision for non-performing assets-write back-Corporate social responsibility expenses-Suo motu adding back expenses in revised return and offering it to tax-Additional Depreciation-Claim made in original return-Withdrawn in revised return-Revision order is quashed . [ S. 32, 37(1 139(5)143(3)]

Srei Equipment Finance Ltd. v. PCIT (2023)106 ITR 109 (Kol) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Proper enquiry conducted in the original assessment proceedings-Possible view-Revision order is quashed-Delay of 963 days is condoned. [ S. 143(3) , 253(5) ]

Kanoi Tea P. Ltd. v. PCIT (2023)106 ITR 648 (Kol) (Trib)

S. 254(2A) : Appellate Tribunal-Stay-Long-term capital gains-Credit for taxes paid in Mauritius-Prima facie assessee entitled to stay-Directed to pay 20 percent of outstanding demand-Recovery proceedings stayed .

India Property (Mauritius) Company Ii, Mauritius v. Asst. CIT (IT) (2023)106 ITR 130 / [2024] 164 taxmann.com 440 (Delhi) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional evidence admitted and remanded for de novo consideration-Delay in filing appeal is condoned. [S. 253]

Channakeshava v. Asst. CIT (2023)106 ITR 47 (SN)(Bang) (Trib)

S. 254(1) : Appellate Tribunal-Duties-Right of Respondent to support order of Commissioner (Appeals) on ground decided against Him. [ITAT R,1963, R. 27]

Dy. CIT v. Bilcare Ltd. (2023)106 ITR 411/ 224 TTJ 655 / 151 taxmann.com 456 (Pune) (Trib)

S. 251: Appeal-Commissioner (Appeals)-Powers-Enhancement notice-Uploaded on income tax business portal-Notice of hearing i also uploaded in the portal-The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect .[ S. 250 ]

Dy. CIT v. T. S. Kumarasamy (2023)106 ITR 18 (SN) (Chennai) (Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement notice-Uploaded on income tax business portal-Notice of hearing i also uploaded in the portal-The contention of the Department that no opportunity was given to the Assessing Officer to present evidence on the issue was factually incorrect.[S. 250]

Dy. CIT v. T. S. Kumarasamy (2023)106 ITR 18 (SN) (Chennai) (Trib)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Mistakenly mentioning wrong section under which order appealed against passed-Dismissal of appeal on technical ground not justified-Assessee to be permitted to rectify mistake. [S. 143(1), 143(3), 254(1)]

KEM Light Laboratories P. Ltd. v. ITO (2023)106 ITR 588 (SMC) (Mum) (Trib)