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-Expenditure claimed-Allowability of interest-Verified in the course of original assessment proceedings-Revision order is quashed.[S.36(1)(iii), 56, 57]

Asian Box Corporation. v. PCIT (2023) 201 ITD 269 (Rajkot) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Method of accounting-Income Computation and Disclosure Standards (ICDS)-Accrual-NBFC Governed by RBI was not required to recognize its accrued interest on NPAs as income on accrual basis, provisions of ICDS would not be applicable

Bajaj Finance Ltd. v. PCIT (2023) 201 ITD 656 (Pune)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Transfer of land used for agricultural purposes-Accepted the claim in another co-owner-Order is passed after [S. 54B]

Bhikhabhai Rajabhai Dhameliya. v. PCIT (2023) 201 ITD 424 /225 TTJ 1104 (Surat) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposited-Demonetization period-Assessing Officer has added 20 percent of sales as unexplained cash credits-Revision order is quashed. [S. 68]

Shankarlal Thakordas Narsingani. v. PCIT (2023) 201 ITD 845 (Ahd) (Trib)

S. 253 : Appellate Tribunal-Appeals-Impleaded as corporate debtor before NCLT by financial creditor-Petition is admitted-Pending proceedings before ITAT cannot be continued-Provisions of IBC would prevail over Income-tax Act.[S. 254(1), Insolvency and Bankruptcy Code, 2016, S. 4, 31, 238]

DCIT v. Sumeet Industries Ltd. (2023) 201 ITD 154 (Surat) (Trib.)

S. 253 : Appellate Tribunal-Appeals-Impleaded as corporate debtor before NCLT by financial creditor-Provisions of IBC would prevail over Income-tax Act-Appeal is not maintainable. [S. 254(1), Insolvency and Bankruptcy Code, 2016, S.14, 31, 238]

Garden Silk Mills (P.) Ltd. v. DCIT (2023) 201 ITD 68 (Surat) (Trib.)

S. 194H : Deduction at source-Commission or brokerage-Telecom services-Discount to distributors-Agreement is not considered-Matter remanded [S. 201]

Bharti Airtel Ltd. v. ITO (TDS) (2023) 201 ITD 695 (Indore) (Trib.)

S. 194A : Deduction at source-Interest other than interest on securities-Compensation /damage for delayed allotment of plot of land-Not interest not liable to deduct tax at source-Deduction of tax at source by mistake the assessee cannot be treated as assessee is default-Interest cannot be levied. [S. 2(28A), 133A, 201(1)]

Sawhney Builders (P.) Ltd. v. ACIT (TDS) (2023) 201 ITD 259 (Delhi) (Trib.)

S. 154 : Rectification of mistake-Mistake apparent from the record-Delay in deposit of employees’ contribution-Order of rectification is not valid.[S. 36(1)(va). 143(1)]

Sanjay Kumar. v. ITO (2023) 201 ITD 837 (Delhi) (Trib.)

S. 145 : Method of accounting-Mercantile system of accounting-Payment of interest-Related parties-No modification in loan agreement-Terms cannot be modified by Board Resolution.[S.40A(2), Accounting Standard-9 (AS-9)]

Bangalore Beverages Ltd. v. ITO (2023) 201 ITD 380 (Bang) (Trib.)