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. 147 Reassessment – Notice – Writ Petition – High Court dismisses the Petition – Not a reasoned order – Order set aside to High Court and decide a fresh on their merits . [S. 148 ,Art , 226 ]

Vishal Ashwin Patel v. ACIT [2022] 136 taxmann.com 372 / www.itatonline.org (SC) Editorial: Reversed Vishal Ashwin Patel v. ACIT (WP Nos. 3209/2019, 3150/2019, 3208/2019 and 3137/2019 (Bom)(HC) dated January 11, 2022.

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Original assessment allowing the claim u/s. 80IA of the Act-Reassessment to disallow excess claim of deduction-Deduction was not subject matter in reassessment-Limitation to be counted from original assessment-Matter dealt with original assessment-Revision was quashed. [S. 8OIA, 143(3), 147]

Tata Power Co. Ltd. v. PCIT (2021) 90 ITR 554 (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Builder-Estimation of profit-Levy of penalty was held to be not justified.

V. B. Builders v. Dy. CIT (2021) 90 ITR 4 (SN) (Delhi)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Neither assessment order nor penalty notice specifying the charge-Revised return was filed before issue of notice u/s. 142(1) and 143(2) of the Act-Claiming only statutory deduction-Levy of penalty was held to be not valid. [S. 11(2), 12A, 142(1), 143(2), 274]

Jamnalal Bajaj Foundation v. Dy. CIT(E) (2021) 90 ITR 87 (SN) (Delhi)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Neither assessment order nor penalty notice specifying the charge-Revised return was filed before issue of notice u/s. 142(1) and 143(2) of the Act-Claiming only statutory deduction-Levy of penalty was held to be not valid. [S. 11(2), 12A, 142(1), 143(2), 274]

Jamnalal Bajaj Foundation v. Dy. CIT(E) (2021) 90 ITR 87 (SN) (Delhi)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Set off of unabsorbed depreciation and business losses-Making full disclosure-Penalty not sustainable. [S. 115JB]

ASIT C. Mehta Investment Intermediates P. Ltd. v. Dy. CIT (2021) 90 ITR 7 (SN) (Mum.)(Trib.)

S. 271(1)(c) : Penalty-Concealment-Disallowance of expenditure of annual exchange service charges-Levy of penalty is held to be not warranted. [S. 37(1)]

Aanya Real Estate Pvt. Ltd. v. Dy. CIT (2021) 90 ITR 5 (SN) (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Identity and creditworthiness established-Revision order is held to be not sustainable. [S. 68]

Lovely International Pvt. Ltd. v. ACIT (2021)90 ITR 52 (SN) (Kol.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest on borrowed capital-Order was passed after due verification-Sale of land-Variation with in tolerance limit of 15 per Cent-Revision order was quashed. [S. 36(1(iii), 50(C), 143(3)]

Ashokkumar Govindbhai v. ITO (2021) 90 ITR 262 (Ahd.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Order of Supreme Court extending limitation for purposes of all laws-Miscellaneous application filed on 28-9-2020 was admitted as filed within extended due date-Glaring and patent mistakes-Tribunal order was recalled and matter was directed to be heard afresh.

Shiv Edibles Ltd. v. ACIT (2021) 90 ITR 669 (Jaipur)(Trib.)