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-Income from other sources-Compensation for acquisition of agricultural land-Interest on compensation-Two views possible-Revision order is quashed. [S.4, 56(2)(vii) 143(3), Land Acquisition Act, 1894,S. 28]

Jai Parkash v. PCIT (2024)111 ITR 80 (SN)(Delhi)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order in the name of deceased-Invalid assessment could not be revised-Revision order is quashed. [S.50C, 143(3)]

Bhavnaben K. Punjani (Smt (v. PCIT (2024) 206 ITD 30 (Rajkot)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited Scrutiny-The other issues related to revision were duly scrutinised and accepted by the AO by taking into consideration full details filed by the assessee-Revision order is quashed. [S.14A, 36(1(iii), 80JJAA(b)]

V-con Integrated Solutions P. Ltd. v. PCIT (2024) 112 ITR 118 (Chd) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue AO conducted a proper inquiry and after proper application of mind-taking permissible view-PCIT was wrong in holding the order of AO erroneous and prejudicial to the interests of revenue. [115JB, 143(3), 144C]

SREI Infrastructure Finance Ltd. v. PCIT (2024) 111 ITR 95 (Kol)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Sale of immovable property and purchase or construction of new residential property-Information required under notices, and replies submitted leaving no doubt as to the adequacy of inquiry caused by AO-No substance to conclude assessment order is erroneous-The revision order is not sustainable. [S.54]

Ahmed Alam Khan v. Dy. CIT (2024) 111 ITR 34 (SN) (Hyd.)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Departmental representative is not permitted to set up an altogether a new case.[S. 15, 17(3)(i)]

ITO v. Avirook Sen (2024)111 ITR 78 (SN)/ 230 TTJ 132/ (Delhi)(Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional evidence-Admitted-Internal TNMM method-Segmental financial statement certified by independent accountant admitted as additional evidence-Additional evidence to be admitted for substantial justice. [S. 40A(2), ITAT Rule 29]

Luminous Technologies P. Ltd. v. Addl. CIT (2024) 112 ITR 76 (SN) (Delhi)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Revision of orders prejudicial to revenue-Condonation of delay of 2359 days-CIT directed the AO to pass fresh order following decision of Supreme Court in the case of CIT v. A. Gajapathy Naidu (1964)53 ITR 114(SC)-The AO passed order without following this direction-CIT(A) dismissed the appeal against the order of the AO on the ground that the appeal was not maintainable-Tribunal held that appeal was maintainable and considering facts of the case, condoned delay of 2359 days and restored the matter to the file of the AO. [S. 155(16), 263]

MSK Project (India) LV Ltd. (merged with Madhav Infra Projects Ltd.) v. ACIT (2024) 112 ITR 310 (Ahd)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Appeal cannot be dismissed on account of non-prosecution-Order is set aside and directed to decide on merits. [S. 246A, 251 (2)]

Pramod Infrastructure Pvt. Ltd. v. ITO (Raipur)(Trib) (UR)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Duty-Duty to state point for determination, his decision thereon and clear reasons therefor-Transfer pricing-International transactions-Arm’s length price-Not analysing quid pro quo from evidence brought on record and recording independent findings thereon-Order is set aside and matter remanded to CIT(A) for passing speaking order.[S.92CA(3), 250(6), 251(1)(a)]

Dy. CIT v Grupo Antolin India P. Ltd. (2024)111 ITR 85 (SN)(Pune)(Trib)