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-Capital gains-Sale of land-Twin conditions of order being erroneous and prejudicial to Revenue-Lack of inquiry and documents not verified by Assessing Officer-Principal Commissioner correctly invoked power of revision under section 263 of the Act. [S. 2(14), 45, 260A]
PCIT v. Sangeeta Jain (Ms.) [2024] 168 taxmann.com 276 /(2025) 472 ITR 662 /342 CTR 150(Delhi) (HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Unaccounted cash sales-Assessing Officer has examined the issue in the original assessment proceedings-Revision is not valid merely because the PCIT has a differing views-Order of Tribunal is affirmed-No substantial question of law.[S.68, 260A]
PCIT v. Asiatic Bearing Co [2025] 172 taxmann.com 646(Guj)(HC)
S. 253 : Appellate Tribunal-Appeals-Condonation of delay of 55 days-Delay in filing appeal on wrong advise of Counsel-Sufficient cause within the ambit of Section 253(5)-Delay is condoned.[S. 12A, 253(5), 260A]
Navodit Samaj Sevi Sanstha v. ITO (2025) 472 ITR 647 /170 taxmann.com 377 /342 CTR 538 / 245 DTR 443 (Chhattisgarh)(HC)
S. 240: Refunds-Appeal-Tax deducted at source-Refund should be granted without application for it.[S. 199, 239, 244A(1)(a), Art. 226]
ESS Singapore Branch v. Dy. CIT (2024) 165 taxmann.com 645 / (2025) 473 ITR 541 (Delhi) (HC)
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal-Dealing with stay applications to ensure a fair balance between tax collection and taxpayer rights without necessitating pre-deposit as a mandate for considering the stay-Matter remanded to the Assessing Officer. [S. 132, 220(6) 246A, Art. 226]
Sushen Mohan Gupta v. PCIT (2024) 161 Taxmann.com 257 / (2025) 473 ITR 173 (Delhi) (HC)
S. 206C: Collection at source-Auction by state government of right to collect toll fees on roads-Proceedings against Department of State Government for Failure to collect tax at source on toll money-No liability can be imposed on State Government if the lessees has already paid taxes on the toll fees collected-In the event of default of taxes being paid by lessees the State Government Department liable to pay interest for period between date of default in collection of tax and date of actual payment of tax by toll licensee.[S. 206C(IC), 206(7), 260A, Art. 289]
Excise and Taxation Commissioner (Asst.) v. ITO (TDS) (2025) 472 ITR 471 (HP) (HC)
S. 205 : Deduction at source-Bar against direct demand-Tax deduction at source on salary-Employer failed to deposit the amount of TDS from salary to the Central Government-Discrepancy reflected in Form 26AS-The department should not deny the benefit of TDS by employer simply on mismatch in 26AS arising out of non deposit of TDS amount to the Central Government-Any recovery or adjustment made by the Department in interregnum is to be refunded to the assessee with statutory interest. [S.191, 192, 234A, 234B, 234C, Art. 226]
Malay Kar v. UOI (2024) 162 taxmann.com 767/ 472 ITR 714 (Orissa)(HC)
S. 194C : Deduction at source-Contractors-Project work on Build-Own-Operate-Transfer-Subsidy-Infusion of equity capital as measure of financial support through contractual obligation cannot be treated as payment for work undertaken-Provisions of section is 194C not applicable.[S. 260A]
CIT (TDS) v. National Highway Authority of India (2025) 472 ITR 486/302 Taxman 144 (Delhi) (HC)
S. 179: Private company-Liability of directors-Order passed upon deceased assessee-director raising tax demand of Company-Company was under CIRP under Insolvency and Bankruptcy Code (IBC)-No efforts by AO in compliance to Section 179(1)-Proceedings commenced upon the assessee-director quashed and set aside.(Art. 226]
Manjula D. Rita v. PCIT (2023) 153 taxmann.com 468/ 472 ITR 116 (Bom)(HC) Bhavya D.Rita v. PCIT (2023) 153 taxmann.com 468/ 472 ITR 116 (Bom)(HC)
S. 158BD : Block assessment-Undisclosed income of any other person-No satisfaction note from the Assessing Officer of the searched person-Initiation is without jurisdiction-Order of Tribunal is affirmed.[S.132, 260A]
PCIT v. Milia Tracon Pvt. Ltd. (2025) 473 ITR 155 (Cal.) (HC)