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. 254(1) : Appellate Tribunal-Duties-Decision of Court-Precedent-Difference of opinion among High Courts-Tribunal Bound by view of jurisdictional High Court. [Art. 227]

Jayawant Gajanan Sutar v. ITO (2022)96 ITR 3 (SN) (Pune) (Trib)

S. 254(1) : Appellate Tribunal-Duties-Precedent-Additional ground-Legal claim-Can be raised first time before Appellate Tribunal-Order in Assessee’s own case for earlier year against-Order passed by Tribunal without benefit of rulings of High Courts and Supreme Court and Contrary thereto-Not to be followed-High Court order to be followed.

Jindal Steel and Power Ltd. v Add. CIT (2022) 97 ITR 516 (Delhi) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Issue not raised before the Commissioner (Appeals)-Reassessment-Validity-Application made as per Income-Tax (Appellate Tribunal) Rules, 1963, Rule 27 the was admitted-Reassessment order was quashed. [S. 147, 148, Income-Tax (Appellate Tribunal) Rules, 1963, Rule 27]

ITO v. Hassab Realty Pvt. Ltd. (2022) 99 ITR 315 (Pune) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Delay was condoned-Due to illness and financial crisis and the death of his authorized representative-Non appearance before the lower authorities-Matter remanded to the Assessing Officer. [S. 144]

Kishor Tarachand Patil v. ITO (2022) 219 TTJ 31 (UO) (Pune) (Trib)

S. 254(1) : Appellate Tribunal-Duties-Faceless scheme-Non issue of notification-Till such time notification is issued as required under S. 255(8), the provisions of S. 255(7) are not activated the Tribunal has the jurisdiction to hear the instant appeal before it in physical form. [S. 255(7), 255(8) 255(9)]

L. A. Development v. CIT (2022) 215 DTR 153 /218 TTJ 386 / 142 taxmann.com 280 (Cuttack)(Trib)

S. 254(1) : Appellate Tribunal-Powers-Delay in filing appeal-Delay due to clarification filed by assessee-Rectification Application also pending-Delay condoned.

Dhoot Stono Crafts P. Ltd. v. ACIT (2022)98 ITR 249 (Jaipur) (Trib)

S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Special Audit-Barred by limitation-Legal ground-Admitted for adjudication. [S. 142(2A) 153]

Haryana State Industrial & Infrastructure Development Corpn. Ltd. v. ACIT (2022) 220 TTJ 217 (Chd)(Trib)

S. 253: Appellate Tribunal-Condonation of delay-Counsel diagnosed with brain tumour-Counsel did not inform-Assessee cannot be penalized for lack of communication or inaction on the part of the Counsel-Sufficient and reasonable cause exist for condonation of delay. [S. 253(5)]

Rana v. ITO (2022) 215 TTJ 391 /210 DTR 71(Chd)(Trib)

S. 253 : Appellate Tribunal-Monetary Limits For Filing Appeals by Department-Tax Effect Less Than Prescribed Limit-Appeal not maintainable. [Circular No. 17 Of 2019, Dated 8-8-2019]

Harman Connected Services Corporation India P. Ltd. v. Dy. CIT (2022)95 ITR 1 (Bang)(Trib)

S. 253 : Appellate Tribunal-Condonation of delay-Delay due to inaction of erstwhile authorised representative-Reasonable cause for delay-Delay condoned.

Gurfateh Films and Sippy Grewal Productions (P.) Ltd. v. PCIT (2022)95 ITR 456 (Amritsar)(Trib)