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 finding that the order is erroneous and prejudicial interest of revenue-Revision was held to be not valid-Disallowance of commission was held to be justified-Once the income is accepted in the Hand of HUF the said income cannot be assessed in the hands of individual. [S. 45]

Nimmala Srinivas (HUF) v. ACIT (2021) 89 ITR 10 (SN) (Hyd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest expenditure-Assumption of jurisdiction based on incorrect facts-Revision is held to be in valid. [S. 37(1)]

Piyush Mohan Agarwal v. PCIT (2021) 89 ITR 626 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Penalty Not subjected to search-Penalty cannot be Levied-Revision of order dropping penalty proceedings was quashed. [S. 132, 153C, 271AAB]

D.S. Patil v. PCIT (2021) 89 ITR 483 (Bang.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Order of the Tribunal, accepting the withdrawal of the appeals, passed on incorrect facts which were mistakenly represented and admitted by assessee’s counsel has resulted in an error in such Order and is liable for rectification. [S. 263]

Motia Construction Ltd. v. DCIT (2021) 212 TTJ 398 / 90 ITR 103/ 203 DTR 365 (Chd.)(Trib.)

S. 254(1) : Appeal to Appellate Tribunal-Powers-Request for adjournments of six months on account of COVID-19 pandemic was rejected-Lat opportunity was granted.

DCIT v. Saroj Kumar Poddar (2021) 212 TTJ 250 / 90 ITR 223 / 203 DTR 81 (Kol.) (Trib.)

S. 253 : Appellate Tribunal-Order of CIT(A) quashing the reassessment proceedings in the absence of valid sanction under section 151 not challenged before Appellate Tribunal-Appeal not maintainable on merits of the case. [S. 143(2), 147, 151, 253(2)]

ACIT v. SG Portfolio (P) Ltd. (2021) 211 TTJ 970 / 201 DTR 393 (Delhi)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Additional evidence-Where the AO has not been provided adequate opportunity to go through the additional evidence, the admission and examination of the additional evidence by Ld. CIT(A) is completely inadequate. [S. 254(1), Rule 46A of Income-Tax Rules, 1962]

DCIT v. Pipal Tree Ventures Pvt. Ltd. (2021) 210 TTJ 258 (Mum.) (Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Order of reassessment was quashed for want of valid prior sanction of PCIT-Direction to issue fresh reassessment notice was quashed and set aside. [S. 147, 151, 250]

Munish Chander Khurana v. ITO (2021) 89 ITR 4 (SMC) (SN) (Delhi)(Trib.)

S. 251 : Appeal-Commissioner (Appeals)-Powers-Additional evidence-Fair market value-Directed to admit additional evidence corrigendum issued by Valuer to valuation report. [S. 56(2)(viib), 254(1)]

I Brands Beverages Pvt. Ltd. v. Dy. CIT (2021) 89 ITR 49 (SN) (Bang.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex Parte Order-Dismissal of appeal in Limine without speaking order-Order set aside and remanded for disposal afresh. [S. 250(6)]

Monika (Smt.) v. ITO (2021) 89 ITR 54 (SN) (Chd.)(Trib.) Urmila Devi (Smt.) v. ITO (2021)89 ITR 54 (SN) (Chd.)(Trib.)