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. 253 : Appellate Tribunal-Condonation of delay-Commissioner (Appeals)-Form of appeal and limitation-Delay in filing appeal due to in-built E-filing portal of Department-Assessee not benefitted by the delay-Order was set aside. [S. 246, 249]

IFGL Refractories Ltd. v. Dy. CIT (2022) 95 ITR 287 (Kol.)(Trib)

S. 253 : Appellate Tribunal-Appeal-Company in respect of which Corporate Insolvency Resolution Process Ongoing-Appeal filed after Commencement of Moratorium period-Not maintainable-Liberty to Assessing Officer to prefer appeal afresh after moratorium period over. [Insolvency and Bankruptcy Code, 2016, S. 14]

ACIT v. Wizcraft International Entertainment Pvt. Ltd. (2022)96 ITR 79 (SN) (Mum)(Trib)

S. 253 : Appellate Tribunal-Delay in filing Appeal-Due to Pandemic situation Supreme Court excluding period from 15-3-2020 till 28-2-2022 for the purpose of counting limitation-Delay was condoned.

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

S. 253 : Appellate Tribunal-Delay in filing appeal is due to non service of assessment order-Delay was condoned.[S.41(1)]

ITO v. Mohinder Pal Singla (2022)97 ITR 587 (Chand) (Trib) ACIT v. Manaksia Ltd. (2022)97 ITR 433 (Kol) (Trib)

S. 253 : Appellate Tribunal-Corporate debtor-Moratorium period-Appeal of the Revenue-Cross appeals-Institution of suit against corporate debtor-Permission obtained from National Company Law Tribunal was furnished-Appeal of Revenue was dismissed-which was prohibited under Section 14 of Insolvency and Bankruptcy Code, 2016, it deserved to be dismissed and appeal filed by assessee also deserved to be dismissed, as it did not furnish any permission obtained from National Company Law Tribunal. [Insolvency and Bankruptcy Code, 2016, S, 14, 238]

Dy. CIT v. Global Softech Ltd. (2022) 212 DTR 133 / 217 TTJ 1 / 140 taxmann.com 103 (Mum)(Trib)

S. 253 : Appellate Tribunal-Ex-parte order-Condonation of delay-In action on the part of the Authorised Representative-Delay of 627 days was condoned. [S. 253(5)]

Sandhya Mallick v. ITO (2022) 220 TTJ 403 / 218 DTR 195 (Cuttack)(Trib)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Capital gains-Cannot be assessed as sale consideration-New source of income-Jurisdiction of CIT(A) does not extend to introducing altogether new source of income. [S. 250]

Rangnathappa Govindappa Zharkhande v. ITO (2022) 144 taxmann.com 152 / (2023) 198 ITD 290 (Pune)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Delay-Neither intentional nor deliberate-Delay was condoned-Directed the CIT(A) to decide the appeal on merits. [S. 250, 254(1)]

Rakesh Metal & Tubes v. ITO (2022) 144 taxmann.com 68 / (2023) 198 ITD 1 (Mum)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers Delay in filing-Dismissal of appeal-Delay condoned-Directed to adjudicate on merits. [S.200A(1), 234E, 250]

Sanjay Gopal Pandit v. NFAC (2022)95 ITR 81 (SN)(Mum) (Trib)

S. 250: Appeal-Commissioner (Appeals)-Ad-Hoc disallowance-Security expenses-Addition was deleted.

Kolkata West International City Pvt. Ltd. v. Dy. CIT (2022) 96 ITR 48 (SN) (Kol) (Trib)