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-Special category states-Form no 10CCB was filed in response to show cause notice-First year of substantial expansion remained unaltered-Commissioner has no jurisdiction to revisit same issue in subsequent assessment years-Order of the Tribunal affirming the revision order is set aside. [S.80IC]

C and E Ltd. v. PCIT (2023) 295 Taxman 20 / (2024) 460 ITR 13(Cal.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bogus purchases-Order of Tribunal quashing the revision order is affirmed.[S. 69A,260A]

PCIT v.. Pramod Kumar Tekriwal (2023) 153 taxmann.com 761 (Cal)(HC) Editorial : SLP of Reveune is dismissed, PCIT v. Pramod Kumar Tekriwal (2023) 295 Taxman 411 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchase of land-Stamp valuation is more than the consideration paid-No presumption could be drawn on the ground that purchaser of property must have paid more than what was actually recorded in account books-No substantial question of law. [S.69B, 260A]

PCIT v. Yogeshkumar Shantilal Mehta (2023) 295 Taxman 623 (Guj.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-disallowance of Fringe Benefit Tax (FBT)-Provision in respect of slow moving and obsolete inventories-Issue not raised in the show cause notice-Revision is held to be not valid.[S.40A(2)(b), 260A]

PCIT v. Universal Music India (P.) Ltd(2023) 155 taxmann.com 230 (Bom)(HC) Editorial: SLP of Revenue is dismissed, on account of delay and also on merits, PCIT v. Universal Music India (P.) Ltd. (2023) 295 Taxman 232 (SC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Development of residential complex-Land converted into stock in trade-Possible view-Order of Tribunal is affirmed. [S. 2(47)(v), 45(2), 260A]

PCIT v. American Spring & Pressing Works (P.) Ltd. (2023) 295 Taxman 438 (Bom.)(HC) Editorial: American Spring & Pressing Works (P.) Ltd v. PCIT (2017) 166 ITD 92 (Mum)(Trib), affirmed.

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Industrial undertakings-Road infrastructure development-High Court affirmed the order of the Tribunal-SLP of Revenue is dismissed. [S. 80IA, Art. 136]

PCIT (Central) v. MBL Infrastructure Ltd. (2023) 295 Taxman 586/(2024) 461 ITR 150 (SC) Editorial : PCIT (Central) v. MBL Infrastructure Ltd. (2023) 155 taxmann.com 656 /(2024) 461 ITR 148(Cal)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bogus purchases-Order of High Court affirming the order of Tribunal is affirmed-SLP dismissed.[S. 69A,Art. 136]

PCIT v. Pramod Kumar Tekriwal (2023) 295 Taxman 411 (SC) Editorial: PCIT v.. Pramod Kumar Tekriwal (2023) 153 taxmann.com 761 (Cal)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-disallowance of Fringe Benefit Tax (FBT)-Provision in respect of slow moving and obsolete inventories-Issue not raised in the show cause notice-High Court affirmed the order of the Tribunal-SLP of Revenue is dismissed. [S. 40A(2), Art. 136]

PCIT v. Universal Music India (P.) Ltd. (2023) 295 Taxman 232 (SC) Editorial: PCIT v. Universal Music India (P.) Ltd(2023) 155 taxmann.com 230 (Bom)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deemed dividend-Unsecured loan from its group companies-Delay of 470 days-SLP dismissed on ground of delay as well as on merits. [S. 2(22)(e), Art.136]

PCIT, Central v. Suprabha Industries Ltd. (2023) 295 Taxman 408 (SC) Editorial: SLP dismissed, PCIT, Central v. Suprabha Industries Ltd. (2022) 286 Taxman 156 (Cal)(HC)

S. 260A : Appeal-High Court-Procedure to be adopted by High Court — Court must formulate question and admit appeal-Hear parties and dispose of appeal-High Court admitting appeal without formulating substantial question of law and hearing appeal on merits and reserving judgment — Question of law thereafter framed and appeal allowed — Procedure not in consonance with law-Judgment was set aside and matter is remanded to High Court for reconsideration of appeal. [S. 260A(7), Civil Procedure Code, 1908, S.100, O. XLII, R. 1]

Bikram Singh v. P CIT (2023) 458 ITR 684 /295 Taxman 399 /334 ITR 473 (SC) Editorial: PCIT v. Bikram Singh (2017) 399 ITR 407 (Delhi)(HC), is set aside and matter remanded.