S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Reassessment proceedings dropped-Revision is held to be not valid [S. 45, 143(3), 147, 148]
Kadeer Khan v. PCIT (2022) 215 DTR 369 / 218 TTJ 732 (Jabalpur)(Trib) Shabana Khan v.PCIT (2022) 215 DTR 369 / 218 TTJ 732 (Jabalpur)(Trib)
Digest of case laws
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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-Bad-debt-Provision for bad and doubtful debts-Order was passed after proper application of mind-Revision is held to be not valid [S. 36(1)(viia), R, 6ABA]
Jila Sahkari Kendriya Bank Mayaadit v. PCIT (2022) 216 DTR 49 /218 TTJ 1005 (Jabalpur)(Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amalgamation-Non-existing company-Not filed the details of effective date of transfer-Assessing Officer was not aware of merger-Revision is held to be valid-: Capital gains-Shifting of industrial undertaking from urban area. [S. 54G]
IRIS Engineering Industries (P) Ltd. v. Dy. CIT (2022) 216 DTR 255 / 218 TTJ 575 (Chennai)(Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Investment in a residential house-Conducted detailed enquiry-Revision is not valid.[S. 54F, 142(1) 143(3)]
Deepak Kr. Singh v. PCIT (2022) 218 TTJ 849 (Pat)(Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deposit of cash in bank-Explained the source-Direction was modified.
Gajraj Minig (P) Ltd. v. PCIT (2022) 220 TTJ 1(UO)(Jabalpur)(Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Sale of plots-Capital gains-Business income-Order was passed considering the evidences produced in the course of assessment proceedings-Revision order was quashed [S. 28(i),45, 143(3)]
Dnyaneshwar Pandit Mahajan v. PCIT (2022) 214 DTR 449 / 218 TTJ 521 (Pune)(Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to make inquiries or verification-Revision is justified. [S.800JJA, 143(3)]
Terrier Security Services India P. Ltd. v. PCIT (2022) 98 ITR 76 (SN)(Bang) (Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from house property-Stock in trade-Amendment bringing notional annual value of property held as stock-in-trade to tax is prospective-Revision is not valid.[S.23(1)(a), 23(5), 24(a)]
Sai Shirdi Constructions v. PCIT (2022) 98 ITR 22 (SN)(Mum) (Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Provisions made under various heads-Assessing Officer has not examined the details-Revision is valid-Benefit of Circular-Eligible deduction. [S.80P]
Jaladurga Vss Sangha Tellaru v. PCIT (2022) 98 ITR 40 (SN)(Bang) (Trib)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Reassessment order-Issue on which revision order was passed was neither subject matter of reassessment nor coming to notice during reassessment proceedings-Order is not erroneous. [S. 143(3), 147, 148]
Hemang Chimanbhai Pokal v. PCIT (2022) 98 ITR 81 (SN) (Ahd) (Trib)