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. 68 : Cash credits-Share application money-Failure to prove identity, genuineness and creditworthiness of investor entities-Tribunal without examining facts in depth deleting addition-Order is perverse-Order Of Commissioner (Appeals) upholding addition is restored. [S. 260A]

PCIT v. BST Infratech Ltd. (2024) 340 CTR 132 / 237 DTR 545 / 468 ITR 111 / 161 Taxmann.com 668 (Cal)(HC)

S. 10A : Free trade zone-Profits and gains derived from export oriented undertaking— Interest income-Short term fixed deposits-Matter remanded to the file of the Assessing Officer.[S.28((i), 56, Art. 136]

Xl India Business Services (P) Ltd. v. ITO (2024) 340 CTR 939 / 242 DTR 265 / 167 Taxmann.com 583 (SC) Editorial : Xl India Business Services (P) Ltd. v. ITO (2018) 94 taxmann.com 720 (Delhi)(HC) is set aside.

S. 10 (23C): Educational institution-Approval by prescribed authority-Object is not found existed solely for advancing educational purposes-Denial of exemption is justified. [S. 10(23C)(vi), Art. 226]

Shri Guru Hargobind Sahib Charitable Trust v. CBDT (2024) 340 CTR 219 / 240 DTR 441 (P&H)(HC)

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent Establishment-Apportionment of income-Where an assessee had a Permanent Establishment in India, it would be liable to pay tax on income attributable to that PE notwithstanding that assessee at an entity level had suffered a loss-DTAA-India-UAE. [Art. 7(1), 7(2)]

Hyatt International Southwest Asia Ltd. v. ADCIT (2024) 340 CTR 633 242 DTR 177 / 166 Taxmann.com 466 (FB) (Delhi)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Share capital-Share premium-Facts examined by Assessing Officer-Not a case of no enquiry or lack of enquiry 1Order is neither erroneous nor prejudicial to interests of revenue-Revision order is set aside-Revision jurisdiction cannot be exercised on same issue for second time. [S. 68, 133(6), 143(3)]

Anjaniputra Nirman P. Ltd. v. PCIT (2024)109 ITR 4 (SN) (Kol)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Specific notice-Failure to file required information-Share premium-Cash deposit-Demonetisation-bad debt-Revision is justified. [S.36(1)(vii), (36(2), 56(2)(vii), 143(3)]

Varam Capital P. Ltd. v. PCIT (2024)109 ITR 547 (Chennai) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order was not available on portal Delay is condoned-Cash deposited in bank accounts-Assessing Officer is directed to verify source of cash available with for deposits, if Assessing Officer is satisfied with explanation no additions were to be made-Directed to decide in accordance with law.[S. 143(3), 254(1)]

Sahebganj No. 1 Anchalik Samabay Krishi Unnayan Samity Ltd. v ITO (2024)109 ITR 445 (Kol)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to verify certificate of no deduction of tax at source or verify details-Late deposit of Employees’ contribution to Provident Fund and employees’ State Insurance-Revision is justified.[S. 36((1))(va), 43B, 197]

Sandeep Jagdishchandra Dave v. PCIT (2024)109 ITR 77 (SN)(Ahd) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional ground-Question of law-Not raised before lower Authorities-Matter remanded to Assessing Officer for verification and decision in accordance with law.

Dy. CIT v. Reliance Industries Ltd. (2024)109 ITR 180 (Mum)(Trib)

S. 253 : Appellate Tribunal-Appeals-Monetary limits-CBDT instructions and Circulars-Any sum received from employees-Tax effect is Rs 46, 91, 541-Appeal of Revenue is dismissed. [S.2(24)(x), 36(1)(va),43B, 119, 268A]

Dy. CIT v. A. P. Knit Fab (2024) 109 ITR 492 (Chd)(Trib)