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-Industrial undertaking-Generation of power-Windmill Assessing Officer applied his mind-Revision on the ground Assessing Officer did not examine whether separate books maintained-Not sustainable merely because Commissioner has different opinion-Revision is not valid. [S. 80IA(4)(iv), 80IA(7)]

Asian Star Co. Ltd. v. PCIT (2022) 98 ITR 56 (SN) (Mum)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited Scrutiny for verification of cash deposits-Assessing Officer has not made proper verification-Revision is held to be justified. [S. 143(3)]

Asha Devi v. PCIT (2022) 98 ITR 52 (SN)(Bang) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Depreciation-Amalgamation of companies-Accounting Standard 14-Excess consideration paid over and above net asset value of amalgamating Company-Goodwill-Revision was quashed. [S. 32(1)]

Trivitron Healthcare P. Ltd. v. PCIT (2022) 98 ITR 105 / 2023) 225 TTJ 181/ 146 taxmann.com 130(Chennai) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessing Officer made complete enquiries-No adverse comments made by investigation department-Failure to bring evidence of cash deposited in account by Principal Commissioner-Proceedings without any merit-Revision order was quashed. [S. 147, 148]

Ravinder Bawa (Smt.) v. ITO (2022) 98 ITR 149 (Amritsar) (Trib)

S. 255 : Appellate Tribunal-Procedure-Functions-Monetary limit-Remand by Division Bench-Objection that appeals ought to be heard by Division Bench-Not tenable-Appeals of earlier year on same issue pending before High Court-Tribunal is not bound to keep appeals for latter years in abeyance-Principle of Res Judicata not applicable. [S. 254(1), 255(3)]

A.K. Cold Storage Pvt. Ltd. v. ITO (2022)95 ITR 549 (Lucknow)(Trib)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Jurisdictional High Court-Tribunal’s order based on decision of Supreme Court-Supreme Court Dismissing Special Leave Petition filed by Department-Tribunal’s order cannot be rectified-No addition can be made in respect of assessments which have become final if no incriminating material is found during search–ICDs and CFSs are infrastructural facility entitled to deduction under sub-section (4) of section 80-IA. [S.80IA(4), Art. 141]

Dy. CIT v. Sigma Castings Ltd. (2022) 96 ITR 318 (Lucknow)(Trib) Dy.CIT v. Kundan Castings (P) Ltd (2022) 96 ITR 318 (Lucknow) (Trib) Dy. CIT v. Paras Castings and Alloys (P) Ltd 2022) 96 ITR 318 (Lucknow) (Trib)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Monetary limits for appeals filed by Revenue–Prosecution-Prosecution against the assessee and its directors-Order dismissing the appeal of the Revenue for within the monetary limits cannot be recalled. [S. 276(2), 278B]

ACIT v. Raj Auto Wheels P.Ltd (2022) 100 ITR 245 (Jaipur)(Trib)

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Ex-parte order-Affidavit-Order recalled [S. 254(1)]

Systra SAA (Project Office) v. Dy. CIT (I) (2022) 99 ITR 192 (Delhi) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional ground jurisdiction-Ground to challenge the jurisdiction of the AO needs to be raised within the limitation period prescribed under section 124-Assessee being persistent non-compliant cannot challenge the jurisdiction of then AO for the first time before the Tribunal. [S. 120, 11, 12A, 13, 119, 124, 127]

Nishakar Educational Trust v. ITO(E) (2022) 214 DTR 353 / 208 TTJ 593 (Cuttack) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional legal grounds-Admitted-Matter remanded to CIT(A) [S. 147, 148, 250]

Lata Holding P. Ltd. v.ITO (2022)100 ITR 249 (Mum)(Trib)