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-Not specifying the limb of penalty-Penalty order is quashed and set aside. [S. 274]

Sudesh Gupta v. ACIT (2025) 210 ITD 436 (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Income from other sources-Purchase of immoveable property-difference in actual sale price and the stamp duty value-Addition of total stamp duty value-Matter remanded to CIT for further verification. [S. 56(2)(x), 69A]

Kamaluddin Popatlal Surani v. PCIT (2025) 233 TTJ 393 (Surat) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Income from other sources-Interest-Zero coupon debentures redeemable after 9 years to its directors-Premature converted in to equity-Interest amount deemed to be received upon conversion of debentures in to equity shares in relevant assessment year-Revision order is justified. [S. 2(24)(iv) 47(x),47(x)(a), 49(2), 56v 145]

Sanjjay Saumyha (Mrs.) v. PCIT (2025) 210 ITD 337 (Chennai) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Disallowance of expenditure-Exempt income-Outstanding GST-Revision order is affirmed-Registration and provision for warranty-Revision is not justified. [S. 14A,37(1) 43B]

Sophos Technologies (P.) Ltd. v. PCIT (2025) 210 ITD 614 (Ahd.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Charitable purpose-Objects of general public utility-Merely because the society’s participants included members from the private sector, it does not change the fundamental non-commercial nature of its activities-The society’s role as a facilitator for the hydrocarbon industry does not make its activities commercial-Revision order is quashed.[S. 2(15), 11, 12 12AA]

Petroleum Federation of India v. CIT (E) [2025] 210 ITD 205 (Delhi)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
The NFAP was already adjudicating the disallowance of transport charges u/s. 40(a)(ia), the PCIT had no jurisdiction to revise the order.[S.40(a)(ia)]

Krishnan Saravanan v. PCIT [2025] 210 ITD 567 (Chennai)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Capital expenditure-The expenses in dispute were already capitalized-No prejudice to revenue-Revision order is quashed.[S.37(1)]

Kool Home Builders v. PCIT [2025] 210 ITD 16 (Cochin)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Short term capital loss-Section 263 cannot be used just because the PCIT holds a different view-No finding of lack of enquiry or perversity in AO’s conclusion-Reaffirmed that revisional jurisdiction cannot substitute AO’s discretion where AO acted judiciously.[S. 143(3)]

Surplus Finvest Pvt. Ltd. v. PCIT(Mum) (Trib)(UR)

S. 263: Commissioner-Revision of orders prejudicial to revenue-Since all necessary verification and examination of documents in reasonable manner was done, the assessment order cannot be called erroneous and prejudicial within the meaning of s. 263, Expln. 2-Revision order is set aside. [S. 143(3), 147, 148]

Bhupinder Singh v. PCIT (2025) 233 TTJ 675 (Chd) (Trib)

S. 251: Appeal-Commissioner (Appeals)-Powers-CIT(A) did not give opportunity to assessee for hearing-Held, CIT(A) does not have power to dismiss appeal summarily without going on merits-matter back to NFAC for de novo consideration. [S. 250, 251(1)(a), 251(2)]

Mushtaq Ahmad Buhroo v. ITO (2025) 233 TTJ 877 (Amritsar)(Trib)