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-Remittances to non-resident-Import of raw materials-Deduction of tax at source-Tribunal setting aside the order of Commissioner-Commissioner cannot make addition without directing the Assessing Officer to re-examine issue. [S. 40(a)(ia), 195, 254, 260A]

CIT v. Paradeep Phosphates Ltd. (2024) 471 ITR 419 (Orissa) (HC) Editorial :SLP of Revenue is dismissed, CIT v. Paradeep Phosphates Ltd. (2024) 471 ITR 419 (Orissa) (HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Remittances to non-resident-Import of raw materials-Deduction of tax at source-Tribunal setting aside the order of Commissioner-Commissioner cannot make addition without directing the Assessing Officer to re-examine issue-Order of High Court is affirmed-SLP of Revenue is dismissed. [S. 40(a)(ia), 195, 254, Art. 136.]

CIT v Paradeep Phosphates Ltd.(2024) 471 ITR 422 (SC) Editorial : CIT v. Paradeep Phosphates Ltd. (2024) 471 ITR 419 (Orissa) (HC)

S.260A : Appeal-High Court-Reassessment-Matter is remanded to the Assessing Officer-Over due interest-Non forming asset-Question of fact.[S. 36(1)(viia) 43D, 147, 148]

Jila Sahakari Kendriya Bank Maryadit v. PCIT(2024)471 ITR 413 (MP) (HC) Editorial: SLP is dismissed, assessee at liberty to avail of remedy of legacy Dispute resolution, Jila Sahakari Kendriya Bank Maryadit v. PCIT(2024) 471 ITR 417 (SC)

S. 260A : Appeal-High Court-Reassessment-Matter is remanded to the Assessing Officer-Over due interest-Non forming asset-Question of fact-SLP is dismissed-Assessee at liberty to avail of remedy of legacy dispute resolution. [S. 36(1)(viia), 43D, 147, 148, Art. 136]

Jila Sahakari Kendriya Bank Maryadit v. PCIT (2024)471 ITR 417 (SC) Editorial: Jila Sahakari Kendriya Bank Maryadit v. PCIT (2024)471 ITR 413 (MP) (HC)

S. 254(1) : Appellate Tribunal-Powers-Ex-parte order by CIT(A)-Tribunal set a side the matter to decide on merits-The assessee trying to use technical reasons-Appeal is dismissed. [S. 147, 255 (8), 263, 260A]

L. A. Developers v. CIT (2024) 471 ITR 437 (Orisa) (HC) Editorial : SLP of assessee is dismissed, L. A. Developers v. CIT (2024) 471 ITR 444 (SC)

S. 254(1) : Appellate Tribunal-Powers-Ex-parte order by CIT(A)-Tribunal set a side the matter to decide on merits-The assessee trying to use technical reasons-Appeal is dismissed-SLP of assessee is dimissed. [S. 147, 255 (8), 263,Art. 136]

L. A. Developers v. CIT (2024)471 ITR 444 (SC) Editorial : L. A. Developers v. CIT (2024) 471 ITR 437 (Orisa) (HC)

S. 245C : Settlement Commission-Settlement of cases-Conditions-Application was filed on 30-3-2021-CBDT’s press release giving taxpayers an opportunity to file application for settlement by 30-9-2021-Eligible application though filed after 31-1-2021-Pending application which is required to be considered as pending application for adjudication on merits.[S.153A, 245B, 245D, 245D, 245F, Art. 226]

Sanjay Sevantilal Shah v. Interim Board for Settlement (IBS) (2024) 471 ITR 311 /160 taxmann.com 255 (Guj) (HC)

S. 226 : Collection and recovery-Modes of recovery-Matter pending before CIT(A)-Stayed further recovery of proceedings till the disposal of the appeal. [S. 143(3) 254, 263, Art. 226]

SIS Prosegur Holding Pvt. Ltd. v. PCIT (2024)471 ITR 403 (Patna) (HC)

S. 226 : Collection and recovery-Modes of recovery-Tax recovery officer-Reassessment-Strictures-After period of seventeen years-Auction by Income tax Authority-Tax recovery officer-Hindu undivided family-Pendency of appeal-Fictitious demand-Auction is nullity-TRO should cancel recovery certificate on being informed that payment had been made by concerned defaulter-Directed to pay the compensation-Where a reference has been admitted by High Court against an order of Tribunal, prudence demands to keep away from conducting auction of properties for purpose of recovery-An auction conducted under the Income-tax Act, 1961 cannot be put on the same footing as that of an auction being conducted for execution of a decree by the Court or elsewhere in public as it would be in clear distinction of income-tax default auction-Income tax department is directed to pay cost of Rs 1 lakh to the petitioner. [S. 147, 224, 225(3), 256(1), 256(2), Transfer of Property Act, 1882, S 52, Rule 56,60,61, 62, of schedule, Art. 226, 300A]

Gokal Chand Rattan Chand v. UOI (2024)471 ITR 337/ 163 taxmann.com 222 (P&H) (HC)

S. 158BA : Block assessment-Undisclosed income-Unexplained money-Shares-Block assessment-Assessment has to be made on actual undisclosed income and not on notional basis-The submission that the amount involved is below monitory limit is also not accepted-Matter remanded to the Assessing Officer.[S. 69A, 132, 158B(b), 158BC, 260A, 268A]

CIT v. Dadha Pharma (P.) Ltd. (2023) 153 taxmann.com 106 / (2024) 471 ITR 545 (Mad) (HC) CIT v. S. Mohancahnd Dadha (Indl) (2023) 153 taxmann.com 106 / (2024) 471 ITR 545 (Mad) (HC)