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
Click here to download the pdf versions of the Digest of case laws

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Provision for doubtful debts-Revision bad in law where the A.O. has taken view possible in respect of standard asset where there was inherent risk of going these debts bad-Revision is upheld in cases where amount was receivable from Government in respect of debts waived off. [S. 36(1)(vii), 36(1)(via)(2)]

Virudhunagar District Central Co-operative Bank Ltd. v.PCIT (2023) 201 ITD 573 (Chennai Trib)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Survey-AO completed assessment after considering survey statement, issued specific notice in this regard during assessment-assessee filed explanation-Order of AO could not be held erroneous-Revision order is set aside.[S. 115BBE,133A]

Ved Parkash v. PCIT (2023)104 ITR 613/ 225 TTJ 40 (UO) (Chd )( Trib) Durga Dass Surender Kumar v. PCIT (2023)104 ITR 613/ 225 TTJ 40 (UO) (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-AO recorded specific finding that books of accounts produced were examined on test check basis-AO even disallowed certain expenditure in assessment proceedings-Order could not be treated as erroneous-Revision order is set aside.

Ruhela Construction Co. Pvt. Ltd. v. PCIT (2023) 104 ITR 426/ 225 TTJ 587 (Lucknow)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-CIT set aside assessment order to AO holding it as erroneous on the issue of excess deduction allowed, since issues considered by CIT were purely on facts, CIT himself has to decide-Matter remitted back to him to consider material and draw conclusion. [80IC]

C & E Ltd. v. PCIT [2023] 201 ITD 816 (Kol)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital or Revenue expenditure-Consumables revenue expenditure allowable in the year in which put in line of production-Allowance in previous years not erroneous-Assessing Officer taking sustainable view after enquiry-Revision is not warranted. [S. 32, 37(1)]

SI Group India P. Ltd. v. ACIT (LTU) (2023)101 ITR 70 (SN)(Mum) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Possible view taken by Assessing Officer after pursuing all the evidences-In line with view taken by Tribunal-Revision not warranted. [S. 54]

Prerak Goel v. P CIT (2023) 101 ITR 30 (SN.)(Mum) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order of Tribunal-Weightage to Tribunal order not given-Against fundamental Principles of judicial discipline-Revision is not sustainable.[S. 2(22)(e), 254(1)]

Parag Prakash Doshi v. PCIT (2023)101 ITR 42 (SN)(Ahd) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessing Officer calling for details of advertisement and sales promotion during assessment-Possible view taken after going through evidences-Order of Assessing Officer is not erroneous-PCIT is not justified-Revision is not warranted.[S. 37(1)]

Mylan Pharmaceuticals Pvt. Ltd. v. ITO (2023)101 ITR 26 (SN) (Hyd) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to verify wages expenditure-Failure to deduct tax at on payments-Casual labour accepted without verification-Assessing Officer accepted certificates filed by assessee without recording reasons-Revision is justified. [S. 37(1), 40 (a) (ia)]

M. K. S. Engineering Co. Pvt. Ltd. v. PCIT (2023)199 ITD 779/ 101 ITR 65 (SN)/ 222 TTJ 646 (Jabalpur) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure of Assessing Officer to inquire loss on disposal of assets/expenditure-Assessing Officer duty bound to disallow expenditure which is not of revenue expenditure in P & L account-Revision is justified.[S. 37(1)]

Bombay Transport Co-Operative Consumer Society Ltd. v. ITO (2023)101 ITR 72 (SN) (Mum) (Trib)