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-Limited scrutiny-Declared net profit from business more than 8 Per Cent. of total turnover-Furnished all details in the course of assessment proceedings-Revision is not justified.[S.44AD, 143(3)]
Shail P. Shah (HUF) v. PCIT (2024)111 ITR 8 (SN)(Ahd) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Dividend-Allocation of expenses-Order of Assessing Officer is not erroneous-Limited scrutiny-Enquiry as to source of investment in mutual fund units neither envisaged nor called for Revision order is quashed.[S. 10(35), 142(1), 143(3)]
Sampark Management Consultancy LLP v. PCIT (2024)111 ITR 18 (SN)/ 230 TTJ 735/ 241 DTR 84 (Delhi) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision-Possible-Commissioner giving directions to Assessing Officer without pointing out how view taken by Assessing Officer was wrong-Revision is quashed.[S. 142(1), 143(3)]
Linde India Ltd. v. PCIT (2024)111 ITR 91 (SN)(Kol)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Compensation for acquisition of agricultural land-Interest on compensation-Two views possible-Revision order is quashed. [S.4, 56(2)(vii) 143(3), Land Acquisition Act, 1894,S. 28]
Jai Parkash v. PCIT (2024)111 ITR 80 (SN)(Delhi)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order in the name of deceased-Invalid assessment could not be revised-Revision order is quashed. [S.50C, 143(3)]
Bhavnaben K. Punjani (Smt (v. PCIT (2024) 206 ITD 30 (Rajkot)(Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited Scrutiny-The other issues related to revision were duly scrutinised and accepted by the AO by taking into consideration full details filed by the assessee-Revision order is quashed. [S.14A, 36(1(iii), 80JJAA(b)]
V-con Integrated Solutions P. Ltd. v. PCIT (2024) 112 ITR 118 (Chd) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue AO conducted a proper inquiry and after proper application of mind-taking permissible view-PCIT was wrong in holding the order of AO erroneous and prejudicial to the interests of revenue. [115JB, 143(3), 144C]
SREI Infrastructure Finance Ltd. v. PCIT (2024) 111 ITR 95 (Kol)(Trib.)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Sale of immovable property and purchase or construction of new residential property-Information required under notices, and replies submitted leaving no doubt as to the adequacy of inquiry caused by AO-No substance to conclude assessment order is erroneous-The revision order is not sustainable. [S.54]
Ahmed Alam Khan v. Dy. CIT (2024) 111 ITR 34 (SN) (Hyd.)(Trib.)
S. 254(1) : Appellate Tribunal-Powers-Departmental representative is not permitted to set up an altogether a new case.[S. 15, 17(3)(i)]
ITO v. Avirook Sen (2024)111 ITR 78 (SN)/ 230 TTJ 132/ (Delhi)(Trib)
S. 254(1) : Appellate Tribunal-Powers-Additional evidence-Admitted-Internal TNMM method-Segmental financial statement certified by independent accountant admitted as additional evidence-Additional evidence to be admitted for substantial justice. [S. 40A(2), ITAT Rule 29]
Luminous Technologies P. Ltd. v. Addl. CIT (2024) 112 ITR 76 (SN) (Delhi)(Trib.)