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. 271(1)(c) : Penalty-Concealment-No addition to the returned income-Making a wholistic view of factual panorama of case and circumstances, in which return for year could not be filed within stipulated time, it could be said that there was a reasonable cause, bringing case out of purview of Explanation 3 to 271(1)(c).[ S. 11, 12A, 12AA, 153]
Association of Oral Maxillofacial Surgeons of India v. ITO (2023) 225 TTJ 740 / 156 taxmann.com 332 (Pune)(Trib)
S. 271(1)(c) : Penalty-Concealment-Failure to declare capital gains-Quantum addition is confirmed by the Tribunal-Penalty is affirmed.[ S. 45]
Penta Media Graphics Ltd v.Dy.CIT(2023) 226 TTJ 899 (Chennai)(Trib)
S. 270A : Penalty for under-reporting and misreporting of income-Excess claim of deduction-Penalty is confirmed at 200 per cent. [S. 270A(9)]
Sanjeev Kumar Manchand Rajput v. ITO (2023) 224 TTJ 899 (Pune)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-No lack of enquiry-Survey-Income surrendered-Business income-Assessment was finalised after considering the reply of the assessee-Revision order on the basis of surrendered income to be assessed under section 68 @ 60 per.cent as per section. 115BBE is quashed and set aside. [S. 68, 115BBE, 133A, 142(1), 143(2), 143(3)]
Avtar Singh Kalsi through L/H Smt. Kuldeep Kaur v. PCIT(2023) 224 TTJ 47 (UO) (Amritsar)(Trib) Jagtar Singh Kalsi v. PCIT(2023) 224 TTJ 47 (UO) (Amritsar)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Gift from son-Failure of the Assessing Officer to examine the creditworthiness of the donor-Revision order is affirmed. [ S. 143(3)]
Rajinder Singh v. PCIT(2023) 224 TTJ 854(Chd)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Depreciation-Capitalised and treated as revenue receipts-Explained the difference of depreciation-Revision order is set aside.[ S. 32]
M.P. Paschim Kshetra Vidyut Vitran Co. Ltd. v. ACIT (2023) 225 TTJ 57(UO) (Indore)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Source of cash-Neither the Assessing Officer not PCIT examined the source of cash-The matter is remanded to the Assessing Officer to the limited extent to verify the cash available for making deposits in the bank. [ S.68, 143(3)]
Sahebganj No 1 Anchalik Samabay Krishi Unnayan Samity Ltd v. ITO (2023) 225 TTJ 19 (UO) (Kol)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Mark to Market (MTM)-Specific query in the course of assessment proceedings-Loss was reversed in subsequent year-Revision order is quashed. [ S. 43(5)(d), 143(3)]
Tata Teleservices (Maharashtra)Ltd v. PCIT(2023) 225 TTJ 137 (Mum)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Invalid assessment-Notice under section 143(2) is not served-Reassessment is bad in law-Issue of shares-Share capital-Order was passed after detailed investigation-Revision is bad in law.[ S. 56, 68, 143(2), 147, 148]
Garud Credit & Holding (P) Ltd. v. ITO (2023) 226 TTJ 989 (Kol)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Merger-Interest free funds-Issue is subject matter of appeal before CIT(A)-Revision is bad in law-Transfer pricing-Section 92BA(i) is omitted.w.e.f. I st April, 2017 No ALP is required to be determined in respect of a domestic transaction-No reference was required to the TPO-Revision is bad in law. [ S.14A, 40A(2), 92BA, 92C, R.8D]
IMC Ltd v. PCIT (2023) 226 TTJ 180 (Kol)(Trib)