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-Unaccounted money-Assessee receiving money and repaying it subsequently-Inadequate inquiry-Revision order is held to be not valid-Limitation period from original date of assessment and not from the date of reassessment-Revision time barred.[S. 143(3), 147]
Karan Polymers Pvt. Ltd. v. PCIT (2022)97 ITR 56 (Kol) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Valuation of stock-Method of accounting-Difference glaring in current assets and current liabilities as shown in balance sheet and in cash flow statement-Revision order was justified.[S.143(3), 145]
L. A. Development v. CIT (2022) 215 DTR 153 /218 TTJ 386 / 142 taxmann.com 280 (Cuttack)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Dispute Resolution Panel-Order passed by the Assessing Officer passed order in accordance with directions issued by DRP, same cannot be revised by Commissioner. [S. 144C(13)]
Barclays Bank PLC v. CIT (IT) (2022) 215 TTJ 965 /212 DTR 33 / 139 taxmann.com 503 (Mum)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Sale of Shares-Capital Gains-Deduction towards indemnity claim and Ex gratia claim of employees not allowable-Jurisdiction rightly invoked-Assessing Officer to examine matter afresh uninfluenced by observations of Principal Commissioner.[S. 37(1), 143(3)]
Dr. R. Sridhar v. PCIT (2022) 97 ITR 71 (SN) (Bang)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-A.O. satisfied with sale consideration after perusal of all documents-Circle rate less than sale consideration in all flats except one-Additions made to the extent of one flat-Not a case where enquiry not made-revision not justified. [S. 43CA]
Harish H. Gandhi v. ACIT (2022)97 ITR 24 (SN) (Mum) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deduction for interest on deposits kept with banks allowed-Revision justified. [S.80P].
Gujarat Fisheries Central Co-Operative Association Ltd. v. PCIT (2022)97 ITR 9 (SN)(Ahd) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Rate of depreciation-Windmills installation-Change of law-Windmill installed on or before 31-02-2023-Eligible for 80% of depreciation-Revision is not valid. [S. 32]
GFL LTD. v. PCIT (2022)97 ITR 11 (SN) (Ahd) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Difference between sale consideration of property and guideline value of property on date of registration-Revision justified. [S. 45, 50C]
Dhanalakshmi Mills Ltd v. Dy.CIT (2022)97 ITR 77 (SN) (Chennai) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transfer Pricing adjustment-Addition was deleted by Tribunal-Capitalisation of Foreign Exchange fluctuation loss on long-term foreign currency Loan taken for capital expenditure-Revision is not valid [S.43A 92C 143(3)]
TCG Lifesciences Pvt. Ltd. v. PCIT (2022)100 ITR 52 (SN)(Kol.) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Undisclosed money-Firm-Remuneration to partners-On money-Survey-Declaration-Deduction allowed-Revision is not valid.[S.37,40(b),69A,115BBE]
Shivam Developers v. PCIT (2022)100 ITR 29 (SN) (Surat) (Trib)