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 incriminating material during search-Additional income declared is accepted-Foreign bank account-Explanation 5A to section 271(1)(c) is not applicable-Penalty is deleted. [S. 153A, Art.]

Rajinder Kumar v. ACIT (2024) 232 TTJ 261 / 243 DTR 297 / 38 NYPTTJ 776 (Delhi)(Trib)

S. 270A:Penalty for under-reporting and misreporting of income-Failure to establish the genuineness of donors-Anonymous donations-The issue is restored to the AO with a direction to give one more opportunity to the assessee to substantiate its case with evidences to his satisfaction regarding the identity and creditworthiness of the donors and the genuineness of the transaction. [S.270A(a)]

Adivasi Unnati Seva Mandal v. ACIT (E) (2024) 232 TTJ 51 (UO) (Pune) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Formal education through music school-Education-Running a petrol pump whose receipts are claimed to be utilised for meeting its charitable objects-Assessment order is not erroneous and prejudicial to the interest of Revenue-Revision is quashed. [S. 2(15), 11(4), 11(4A)]

Smt. Lingammal Ramaraju Shastra Prathistha Trust v. ACIT (E) (2024) 232 TTJ 827 / 38 NYPTTJ 1437 (Chennai)(Trib)

S. 254(1) : Appellate Tribunal-Powers-Pursuing wrong forum of appeal-Substantial justice-Delay is condoned-Matter is restored to CIT(A) for de novo adjudication. [S.176(3), 189, 250(4) 250(6), 253(5) 282, Rule. 127]

Manohars Catering v. ACIT (2024) 232 TTJ 809 / 38 NYPTTJ 1189 (Bang)(Trib)

S. 254(1): Appellate Tribunal-Duties-Delay of 189 days in filing an appeal before the CIT(A) is condoned. [S. 143(1), 249(3), 250]

Church Educational Society v. ACIT (2024) 232 TTJ 553 / 244 DTR 193 / 38 NYPTTJ 1419 (Hyd)(Trib) Aurora Educational Society v. ACIT (2024) 232 TTJ 553 / 244 DTR 193 / 38 NYPTTJ 1419 (Hyd)(Trib) Karshak Vidya Parisad v. ACIT (2024) 232 TTJ 553 / 244 DTR 193 / 38 NYPTTJ 1419 (Hyd)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Delay of 1694 days-Appeal is dismissed-CIT(A) cannot dismiss the appeal for default expressly or by inevitable implication; appellate authority has to decide the appeal on merits-Matter remanded to the file of CIT(A) to decide on merits.[S. 250]

Medavakkam Vattara Nadargalikkiya Sangam v. ITO (2024) 232 TTJ 76 (UO)/ 38 NYPTTJ 1359 (Chennai)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Setting aside of matter back to the AO-Failure to file return-Best judgement assessment-No power to set aside the matter w.e.f 1st June 2001-the matter is restored back to the CIT(A) with a direction to call for a remand report from the AO and then adjudicate the matter. [S. 139, 142(1), 144]

Jyoti Prakash Deshmukh v. ITO (2024) 232 TTJ 314 / 244 DTR 1 / 38 NYPTTJ 1270 (Mum)(Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Intimation-Rectification-No power to give direction or finding in respect of issues which are not subject before him. [S.143(1), 154, 249]

Church Educational Society v. ACIT (2024) 232 TTJ 553 / 244 DTR 193 / 38 NYPTTJ 1419 (Hyd)(Trib) Aurora Educational Society v. ACIT (2024) 232 TTJ 553 / 244 DTR 193 / 38 NYPTTJ 1419 (Hyd)(Trib) Karshak Vidya Parisad v. ACIT (2024) 232 TTJ 553 / 244 DTR 193 / 38 NYPTTJ 1419 (Hyd)(Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Appeal filed before wrong forum-Delay of 657 days in filing an appeal-Form No 35 was filed before the AO instead of CIT(A)-Delay is condoned-Assessee is directed to deposit Rs. 5,000 to Prime Minister National Relief Fund within thirty days-CIT(A) is directed to decide the appeal on merits. [S. 249(3),250,253(3), 254(1)]

Krishna Gopal Raneja v. ITO (2024) 232 TTJ 1 ((UO) (Jodhpur) (Trib)

S. 153A: Assessment-Search-Dumb document-Quotations-Loose papers-Addition is deleted. [S.69C]

Raj Technology v. Dy.CIT (2024) 232 TTJ 945 / 38 NYPTTJ 1350 (Mum)(Trib)