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-No discussion in the assessment order-Assessing Officer applied his mind during assessment proceedings-Revision order is quashed.[S. 143(3)]

Gopal Soundararaj (Mr.) v. PCIT (2023) 103 ITR 33 (SN) (Chennai) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-survey-Regular books of account not maintained properly-revision of income of return revealed discrepancies-Entitle to set off the loss-Additional income-Direction is contrary to CBDT circular .[S.115BBE, 119,133A]

Lakshmi Farms v .PCIT (2023)103 ITR 265 (Chand)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Assessment filed by the retailer approved by the AO-Purchase of lose diamonds not practical according to AO-Finding of Principal Commissioner that enquiry or verification not done not justified. [S. 143(3)]

Kirti Diam v. PCIT (2023) 103 ITR 602 (Mum.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Limited scrutiny on Issue of high ratio of refund to credit of tax deducted at source-Books of accounts produced were examined on test check basis-AO even disallowed certain expenditure in assessment proceedings-Order could not be treated as erroneous. [S. 143(3)]

Ruhela Construction Co. Pvt. Ltd. v. PCIT (2023) 104 ITR 426 / 225 TTJ 587 (Lucknow) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Difference of opinion-Sale-Cash deposited into bank-Not sustainable. [S. 143(3)]

Satvir Kaur (Smt.) v. PCIT (2023)105 ITR 387 (Amritsar) (Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Revision is quashed.[S. 143(3),153A]

Meet Pal Singh v. PCIT (2023) 105 ITR 584 (Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposits during demonetisation period-Revision order is quashed.[S.68]

Kays Jewels P. Ltd. v. PCIT (2023)105 ITR 324 (Lucknow)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Surrendered income-No inquiry by Principal CIT to arrive at a contrary finding-Revision order is quashed.

Ved Parkash v. PCIT (2023)104 ITR 613/ 225 TTJ 40 (UO)(Chd)(Trib) Durga Dass Surender Kumar v. PCIT (2023)104 ITR 613/ 225 TTJ 40 (UO)0(Chd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
The AO failed to make reference to transfer pricing officer for examining issue of specified domestic transactions-Also, allowed huge loss on commodity transactions without proper inquiries.[S. 43(5)]

Shree Ganesh Intermediary P. Ltd. v. PCIT (2023) 103 ITR 86 (SN) (Ahd)(Trib)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share premium-The AO conducting specific enquiries relating to receipt of share premium-Determining fair market value basis the net asset method-Order not erroneous and prejudicial to revenue warranting revision.[S. 56(2)(viib)]

Star Health Investments P. Ltd. (Dissolved) v. PCIT (2023) 201 ITD 122/ 103 ITR 8 (SN)(Chennai)(Trib)