S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision order is set aside by the Tribunal-Order giving effect to Revision is void ab initio. [S. 143(3), 254(1), 260A]
PCIT v. Elecon EPC Projects Ltd. (2023) 295 Taxman 194 (Guj.)(HC)
Digest of case laws
Online digest of latest case laws
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
Click here to download the pdf versions of the Digest of case laws S. 263 : Commissioner-Revision of orders prejudicial to revenue-Principle of natural justice-No opportunity was given-Contrary finding-Order quashed-Cost of Rs 10000, was imposed which shall be paid to High Court Legal Service Committee. [S. 143(3), Art. 226]
M.L. Chains v. PCIT (2023) 295 Taxman 418/(2024) 461 ITR 457 (All.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Document Identification Number (DIN)-Intimation letter-Rectification of mistake-Failure to mention Document Identification Number in order is violation of mandatory requirement — Dismissal of Department’s application for rectification of order is justified. [S. 254(2) 260A]
PCIT (E) v. Tata Medical Centre Trust (2023) 459 ITR 155 / 295 Taxman 501/ 334 CTR 942 (Cal.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Anonymous donations-Corpus fund- Tribunal order is quashed and set aside [S.2(24((iia), 11, 12, 13(7)]
Peoples Forum v. CIT (2023) 295 Taxman 433 /2024)465 ITR 795 (Orissa)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-
-Industrial undertakings-Road infrastructure development-Order of Tribunal is affirmed. [S.80IA, 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Special category states-Form no 10CCB was filed in response to show cause notice-First year of substantial expansion remained unaltered-Commissioner has no jurisdiction to revisit same issue in subsequent assessment years-Order of the Tribunal affirming the revision order is set aside. [S.80IC]
C and E Ltd. v. PCIT (2023) 295 Taxman 20 / (2024) 460 ITR 13(Cal.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bogus purchases-Order of Tribunal quashing the revision order is affirmed.[S. 69A,260A]
PCIT v.. Pramod Kumar Tekriwal (2023) 153 taxmann.com 761 (Cal)(HC) Editorial : SLP of Reveune is dismissed, PCIT v. Pramod Kumar Tekriwal (2023) 295 Taxman 411 (SC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchase of land-Stamp valuation is more than the consideration paid-No presumption could be drawn on the ground that purchaser of property must have paid more than what was actually recorded in account books-No substantial question of law. [S.69B, 260A]
PCIT v. Yogeshkumar Shantilal Mehta (2023) 295 Taxman 623 (Guj.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-disallowance of Fringe Benefit Tax (FBT)-Provision in respect of slow moving and obsolete inventories-Issue not raised in the show cause notice-Revision is held to be not valid.[S.40A(2)(b), 260A]
PCIT v. Universal Music India (P.) Ltd(2023) 155 taxmann.com 230 (Bom)(HC) Editorial: SLP of Revenue is dismissed, on account of delay and also on merits, PCIT v. Universal Music India (P.) Ltd. (2023) 295 Taxman 232 (SC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Development of residential complex-Land converted into stock in trade-Possible view-Order of Tribunal is affirmed. [S. 2(47)(v), 45(2), 260A]
PCIT v. American Spring & Pressing Works (P.) Ltd. (2023) 295 Taxman 438 (Bom.)(HC) Editorial: American Spring & Pressing Works (P.) Ltd v. PCIT (2017) 166 ITD 92 (Mum)(Trib), affirmed.