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-Understatement of closing stock-Order of revision based on suspicion-Not valid-Order of Tribunal affirmed.[S.260A]

CIT v. Gopal Sharma (2025) 482 ITR 226(Cal)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loans and advances-DDIT Investigation report-Shell companies-No discussion in the assessment order-Effect of insertion of Explanation to section 263 with effect from 1-6-2015-Revision order affirmed-Order of Tribunal set aside.[S. 68, 143(3), 260A, Explanation 2.]

PCIT v. Paramount Propbuild Pvt. Ltd [2024] 161 taxmann.com 85 / (2025) 482 ITR 61 (Delhi)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue Reassessment-Finding of Tribunal that reasons supplied to assessee were not same reasons recorded and found in assessment record and that order of reassessment was not valid-Finding that since reassessment order itself was not validly passed, revision thereof by Principal Commissioner was invalid-SLP of revenue dismissed. [S. 147, 148 Art. 136]

PCIT v. Bulbul Agrawal.(2025) 482 ITR 279 (SC) Editorial : PCIT v. Badal Prakash Jindal (HUF) (2023) 457 ITR 345 (Orissa)(HC)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Affidavit-Copy of second paper book served on respondents-No denial of averment of assessee in petition that second paper book filed-Tribunal rejecting miscellaneous application without considering second paper book-Order of Tribunal quashed, remanded to Tribunal for consideration of second paper book.[S. 254(1), Art. 226]

Biryas Finance and Investments Pvt. Ltd v.ITO (2025) 482 ITR 927 (Bom)(HC)

S. 254(1) : Appellate Tribunal-Duties-Ex-parte order by the Tribunal-Principle of natural justice-Duty to grant assessee adequate opportunity to be heard-Order of Tribunal set aside.[S.260A]

Ayub (S/O. Abdul Khadar Tamatgar) v Jt. CIT (2025) 482 ITR 206 (Karn)(HC)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Order remanded to Assessing Officer by Tribunal-Consequential order passed by Assessing Officer-On appeal Commissioner (Appeals) can consider matter on merits and is not bound by order of remand.[S. 254(1) 260A]

Vijay Sehgal v. PCIT (2025) 482 ITR 331 (P & H) (HC)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-National Faceless Appeal Centre Delay in disposal of appeal before Commissioner (Appeals)-Directions issued to expedite adjudication of appeal within stipulated period. [S. 250, Art. 226]

Suparshva Swabs (I) v. NFAC (2025) 482 ITR 342 (Delhi)(HC)

S. 245: Set-off of refunds against tax remaining payable-Adjustment without intimation not valid.[S. 220(6), 237, 244A Art. 226]

Bharat Petroleum Corporation Ltd. v. ACIT (2025) 482 ITR 946 (Bom)(HC)

S. 237 : Refunds-Interest on refund-Deputy Commissioner directed to refund with statutory interest if amount found to be refundable.[S.244A, Art. 226]

Mosaic India Pvt. Ltd. v.Dy. CIT (2025) 482 ITR 344 (Delhi)(HC)

S.234E: Fee-Default in furnishing the statements-Delay in filing statement of tax deducted at source Levy of late fee-Provision for imposition of late fee inserted only with effect from 1-6-2015 Late fee not importable before 1-6-2015-Delay in filing writ-Not ground for denying relief.[Art. 226]

Amaravati (represented by its managing partner Mohandas P. S) v.ITO (2025) 482 ITR 702 (Ker)(HC)