S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital issue of shares at premium-Addition on presumption-Revision was held to be not valid. [S. 56(2)(viib), R. 11UA(2)(b)]
Dada Ganapati Gur Products Pvt. Ltd. v. PCIT (2021) 92 ITR 408 / 214 TTJ 908 (Hyd.)(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-Valuation report from Merchant Banker-Fair market value higher than price at which shares issued-Order not erroneous. [S. 56(2)(viib), R. 11UA(2)]
Vinayaka Microns (India) P. Ltd. v. PCIT (2021)92 ITR 5 (SN) (Jaipur)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision based on proposal of Assessing Officer recommending a revision is illegal. [S. 143(3)]
Alfa Laval Lund Ab v. CIT(IT) (2021) 92 ITR 4 (SN) / (2022) 210 DTR 313 (Pune)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loss on trading of shares-Possible view-Revision is not valid-Audit objection-PCIT independently applying mind-Objection is not tenable. [S. 143(3)]
Adihemshree Financial v. PCIT (2021)92 ITR 39 (SN) (Mum.)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Reassessment-Revision in respect of issue not forming subject matter of reassessment-Revision order is barred by limitation. [S. 143(3), 147, 263 (2)]
Royal Western India Turf Club v. PCIT (2021)92 ITR 624 (Mum.) (Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Lack of enquiry-Cash deposits-Assessing Officer taking a reasonable view-Revision was held to be not valid. [S. 143(3)]
Rameshwar Prasad Shringi v. PCIT (2021) 92 ITR 652 /(2022) 214 TTJ 257 / 214 DTR 369 (Jaipur) (Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-No addition was made on the ground mentioned in recorded reasons-Limitation to be reckoned from date of original assessment. [S. 12AA(1)(b), 147, 148]
Karmae Garchen Trust v. JCIT (2021) 92 ITR 365 (2022) 209 DTR 361 (Chd.)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Repeal and savings Exemption was granted under Income-tax Act, 1922-Assessee must apply for registration under Income-tax Act 1962 to avail of exemption-Revision was held to be justified. [S. 11, 12, 12A, 12AA, 13, 297(2)(k), Indian Income-tax Act, 1922, S.4(3)(i)]
Bharatpur Royal Family Religious and Ceremonial Trust v. CIT(E) (2021)92 ITR 690 (Jaipur)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order was passed on 29-9-2015-Period of limitation for revision till 31-3-2018-Date of dispatch of order to postal authority on 4-4-2018-Barred by limitation-Date of dispatch should be taken as date of order. [S. 54, 54F]
Ashok Kumar Bhavarlal v. ITO (2021) 92 ITR 137 (Bang.)(Trib.)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Share application money-Identity, creditworthiness of shareholders and genuineness of transactions established-Revision was held to be invalid. [S. 56(2)(viib), 68]
Annu Agrotech P. Ltd. v. PCIT (2021) 92 ITR 521 / 214 TTJ 1118 / (2022) 209 DTR 257 (Jaipur)(Trib.)