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. 251 : Appeal-Commissioner (Appeals)-Powers-Dismissal of appeal for non appearance-Tribunal restored the matter to the file of the CIT (A) to decide afresh in the interest of natural justice.[S. 55A, 55C,254(1)]
Arun Moreshwar Patil v. ITO (2023)104 ITR 53 (SN) (Mum) (Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Claim of deduction under Section 54F-Commissioner (Appeals) directing Assessing Officer to verify and allow claim-Not tantamount to setting aside or remanding matter to Assessing Officer-No Violation of Section 251(1)(a)-Order of Commissioner (Appeals) upheld.[S. 251(1)(a)]
Asst. CIT v. Justice N. Kannadasan (2023)103 ITR 590 (Chennai) (Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex parte order passed before commissioner (Appeals) due to miscommunication-bona fide reason of assessee for miscommunication-matter restored to AO and providing opportunity for hearing. [S. 250(6)] b
Kishoresinh Hemantsinh Chudasama v. Dy. CIT (2023)103 ITR 391 (Ahd) (Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Exparte order-In case of failure of assessee to reply to any notices, the CIT(A) is dutybound to adjudicate on available data instead of dismissal of appeal.[S. 250(6)]
Dura Line India Private Ltd. v. ACIT (Delhi)(Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-CIT(A) cannot go beyond the assessment year other than the one under consideration-Direction to A.O. to take remedial action for other Assessment year not sustainable.[S. 246A, 251]
Wieden+Kennedy India Pvt. Ltd. v. Dy. CIT (2023)101 ITR 63 (SN) (Delhi) (Trib)
S. 250: Appeal-Commissioner (Appeals)-Procedure-Appeal arising from penalty order-Appeal to Appellate Tribunal-To be decided after finalization of Quantum Proceeding.[S. 253,254]
Babita Devi Kajoria v ITO (2023)101 ITR 17 (SN)(Kol) (Trib)
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Delay of 9 years in filing appeal-Order sent to E-mail ID of accountant who had left job-Assessee came to know when refund of AY 2019-20 was proposed to be adjusted against demand of AY 2010-11-Assessee filed affidavit. Sufficient cause for not filing appeal within time. Matter remanded back to CIT(A) to pass order on merits, denovo. [S.80IB ,245, 251, Limitation Act ,1963 S.5]
M.K. Hotels & Resorts Ltd. v. ACIT (2023)104 ITR 204 (Amritsar) (Trib)
S. 248: Appeal-Commissioner (Appeals)-Denying liability to deduct tax-Appeal is maintainable .[S. 90, 115A, 195, 206AA)
Reliance Commercial Dealers Ltd. v. CIT (2023) 202 ITD 490/ 105 ITR 57 (SN) (Mum)(Trib)
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Deduction of tax at source-Credit-Intimation denying credit for tax at source-Appealable .[S. 143(1)]
D and C Phoenix v .Asst. DIT (2023)104 ITR 55 (SN)(Ahd) (Trib)
S. 244A : Refunds-Interest on refunds-Interest on Income Tax Refund to be calculated till the Grant of Refund and not till the date of order .[S. 143(3), 243]
Girnar Software Pvt. Ltd. v. ACIT (Jaipur)(Trib)