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-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)

S. 250 : Appeal-Commissioner (Appeals)-Powers-Conduct the enquiry to dispose of the appeal as he deemed fit [S. 250(4)]

Dy. CIT v. Converteam Group (2022) 99 ITR 34 (SN)(Delhi) (Trib)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Additional grounds admitted violation of Rule 46A(3)-Without providing an opportunity to the Assessing Officer-Matter remanded. [R. 46A(3)]

ACIT v. Fiat India Pvt Ltd (Now known as New Holland Fiat India Pvt Ltd)(2022) 217 TTJ 74 (Mum)(Trib)

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Dismissal of appeal in limine-Matter restored to consider maintainability of appeal. [S. 139(1) 153A, 246A, 249(4), 250]

Topworth Urja and Metal Ltd. v. ACIT (2022) 99 ITR 233/ 219 TTJ 625/ 217 DTR 41 (Raipur)(Trib)

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Denial of appeals-Protective assessment-Additional grounds-Appeal maintainable-Order of the Assessing Officer converting the protective addition into substantive addition was deleted. [S. 132(1) 153A, 245D(4) 254(1)]

Dy.CIT v. Pallavi Mishra (Smt) (2022) 99 ITR 214 (Jaipur)(Trib)

S. 244A : Refunds-Interest on refunds-Entitled to interest up to actual date of actual payment of refund.

Mangalam Arts v. Dy. CIT (2022) 98 ITR 63 (SN)(Jaipur) (Trib)