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-Cash deposited in the bank-Demonetisation-Possible view-Examined in the course of assessment-Revision order is quashed. [S. 68, 144]

Dhanraj Chhipa v. PCIT(2023) 223 TTJ 620 (Jodhpur)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Delay of 932 days is condoned-Merger-Appeal against quantum appeal was dismissed by the CIT(A)-Revision of order is bad in law. [S. 253(5), 250]

Jaipur Telecom (P) Ltd v. PCIT(2023) 223 TTJ 599 (Jaipur) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Fully convertible debentures-Transition amount-Accounting Standard 32-As per terms, would be of a fixed number of equity shares, criteria to classify financial instrument of convertible debentures were not indicative of any compounding financial instrument albeit it was equity-There would not be any transition amount requiring any adjustment in book profit as per section 115JB(2C)-No adjustment is required in the book profit by way of transition amount-Revision order is reversed. [S. 115JB(2C), 143(3)]

Reliance Industrial Investment & Holdings Ltd v. Dy. CIT(2023) 233 TTJ 769 / 149 taxmann. com 113 ((Mum)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessment quashed by Tribunal-Revision order is bad in law. [S. 143(3), 153A]

Salarpuria Properties (P) Ltd v. PCIT (2023) 223 TTJ 644 (Kol)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Lack of enquiry-Operating ships in international traffic-valid Tax Resident Certificate-Revision is not valid-DTAA-India-Singapore. [S. 9(1)(vi), 44B,143(3), art, 7, 8]

Tata NYK Shipping Pte. Ltd v. CIT(IT) (2023) 223 TTJ 1 / 155 taxmann. com 345 (Delhi)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Quantity details of consumption-Reflected in tax Audit-Depreciation-Book profit-Interest payment-Revision is not justified-Provision for warranty-Amortisation of employees stock option-Revision is held to be valid. [S. 37(1), 115JB, Form 3CD]

V. Guard Industries Ltd v. PCIT(2023) 223 TTJ 851 (Cochin)(Trib)

S. 253 : Appellate Tribunal-Appeals-Delay of 1563 days-Not given reasonable cause-Delay is not condoned.

Shyam Sundar Agarwal v. ITO(2023) 222 TTJ 1 (UO) (SMC)(Raipur)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Cash credits-Unexplained investment-Assessing Officer made addition to income of assessee in respect of certain credit entries as unexplained credit-Commissioner (Appeals) could not have treated said addition as unexplained money under section 69A as he was not empowered to change provision of law qua item of which assessment was made. [S. 68, 69A]

Sekar Jayalakshmi (Smt.) v. ITO (2023) 221 TTJ 1025 /150 Taxmann. com 120 (Chennai)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Written submission was forwarded to the Assessing Officer-Failure to file rejoinder-It cannot be held that no reasonable opportunity was not given. [S. 68, 153A]

Dy. CIT v. Mahavir Ashok Enterprises (P) Ltd (2023) 223 TTJ 947 (Raipur)(Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Condonation of delay-Order of CIT(A) is set aside and directed to condone the delay and decide on merit. [S. 249(3), 250(6)]

Saharsh Laxmiratn Daga v. ACIT (2023) 222 TTJ 23 (UO) (Mum)(Trib)