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. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Reassessment order is quashed by Tribunal-Original order sought to be revised in revision proceedings is barred by limitation-No error in assessment order-Revision order is quashed.[S.133(6), 143(3), 147, 148]

Anchita Properties P. Ltd. v. ITO (2024)115 ITR 401 (Kol)(Trib)

S. 254(2A) : Appellate Tribunal-Stay-Non application of mind by the Assessing Officer-Recovery of outstanding demand is stayed for 180 days from date of the order till disposal of appeal, which ever is earlier. [S. 154, 254(1)]

Avaya India P. Ltd. v. ACIT (2024) 115 ITR 23 (SN) (Delhi)(Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 454 days is condoned-Survey-Non payment of admitted tax-Matter remitted to Commissioner (Appeals) to decide on merit for fresh consideration.[S.133A, 249(3) 249(4)(b)]

Hemant V. More v. ACIT (2024) 115 ITR 43 (SN)(Mum)(Trib)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Delay of 9 days-Delay is condoned-CIT(A) is directed to condone the delay and decide on merits. [S.200A(1)(c), 234E]

Balaji Graphics Art. P. Ltd v. ACIT(2024) 115 ITR 80 (SN)(Mum)(Trib)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Delay of 133 days-Reasonable cause-Delay is condoned-Matter remanded to the CIT(A) to decide on merits. [S. 12A, 68, 253 (5)]

Apollo Education Trust v. Asst. CIT (2024) 115 ITR 76 (SN)(Bang)(Trib)

S. 244A : Refunds-Interest on refunds-Shown any other income under the head business income-Assessable under the head income from other sources-Rate of tax unchanged-Addition of interest income is deleted. [S. 28(i), 56]

Singhal Builders v. ACIT (2024)115 ITR 378 / 169 taxmann.com 415 (Jaipur)(Trib)

S. 153D : Assessment-Search-Approval-Approval of Joint commissioner-Mechanical approval-Final assessment on same day-Assessment order is annulled. [S. 132]

Quality Structures P. Ltd. v. Dy. CIT (2024) 115 ITR 49 (SN) (Lucknow)(Trib)

S. 158BC : Block assessment-Cash credits-Suppression of sales-Industry practice-Undisclosed income-Addition on total sale proceeds is unjustified-Un explained cash credit is affirmed. [S. 68, 132A]

Dy. CIT v. Yash Organics Ltd. (2024) 115 ITR 61 (SN)(Ahd)(Trib)

S. 153C : Assessment-Income of any other person-Search-Limitation-Period to be reckoned from date of receipt of books of account, documents or seizure of assets by Jurisdictional Assessing Officer of non-searched person-Commissioner (Appeals) considering limitation period from date of search-Notice is barred by limitation.[S. 132, 132A]

Sarangabani Kirubakaran v. Dy. CIT (2024) 115 ITR 28 (SN) (Chennai)(Trib)

S. 153B : Assessment-Search-Time limit-Limitation-Last panchanama-Subsequent panchnama revoking prohibitory order without seizure of material-Time limit is not extended-Restraint order not lifted within one month of assessment order-Central Board Of Direct Taxes instruction-Release of prohibitory order,panchnama and assessment order is invalid-Central Board Of Direct Taxes Circular, Dated 3-7-2002-Last panchnama cancellation of restraint order-Second Panchnama is not last panchnama of conclusion of search-Electronic documents used as evidence-Mandatory conditions of Section 65B of Indian Evidence Act is not complied with-Not admissible evidence-Bogus purchases-Cash purchase of tobacco from grey market-Estimation of profit at 12.5 Per Cent. is proper. [S. 132(3), 132(8A), 143(3) 153A, Indian Evidence Act, 1872, S.65B (2)(d), 65B(4)]

Polisetty Somasundaram v. Dy. CIT (2024) 115 ITR 548 (Visakhapatnam) (Trib)