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 .14A : Disallowance of expenditure – Exempt income – Failure to record satisfaction – Deletion of addition is justified. [ R. 8D ]

PCIT v. EIH Ltd ( 2022) 329 CTR 95/ 218 DTR 389 (Cal)( HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Investment in a residential house-Followed direction of Commissioner-Subsequent revision order was quashed. [S. 54F, 143(3)]

Karumanchi Nalini (Dr.) v. ITO (2022) 196 ITD 673 (Visakha) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Consideration as per sale deed and whether tolerance limit of 10 per cent for difference between sale consideration as per sale deed and SDV is to be considered or not are debatable issues-Revision is bad in law. [S. 56(2)(vii)(b)]

Shanmuga Sundaram Govindaraj v. ACIT (2022) 196 ITD 576 / 218 TTJ 988 / 216 DTR 329 (Chennai)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash deposit in the Bank-Un explained money-AIR information flagged-Non-filer of returns-Revisionary powers could not be permitted to be exercised on suspicions and inferences-Revision order was quashed. [S. 44AD, 69A]

Pawan Kumar v. ITO (2022) 196 ITD 378 / 220 TTJ 86 / 219 DTR 267 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Document Identification No. (DIN)-Revision order passed manually without Document Identification No. (DIN) in its body-Held to be invalid and deemed to have never been issued.

Tata Medical Centre Trust v. CIT(E) (2022) 196 ITD 302 / (2023) 222 TTJ 249 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Carry forward and set-off of business losses-Set-off of brought forward losses against short term capital gains-Leasing business-As per section 72(1)(i) assessee is entitled to set-off brought forward business loss against income which has attributes of business income even though same is assessable to tax under head other than profits and gains from business-Revision order is not valid. [S. 72]

Infinity Infotech Parks Ltd. v. PCIT (2022) 196 ITD 316 (Kol.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Government grants-Accumulation of income-Doctrine of consistency-Accumulation of 15%-Revision is not valid. [S. 11(1)(a), 12]

Gujarat State Lion Conservation Society v. CIT (2022) 196 ITD 172 (Rajkot)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search-Un explained expenditure-Cash paid to labour charges-No explanation was furnished-Revision is held to be valid. [S. 69C, 132, 153A]

Shrigopal Rameshkumar Sales (P.) Ltd. v. ACIT (2022) 196 ITD 107 (Nagpur)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Farming genetically modified seeds in lands leased from farmers-Additional evidence filed by Revenue based on Search proceedings-Matter remanded. [S. 2(IA), 10(1), 132, 153A, ITAT R. 29]

Nuziveedu Seeds Ltd. v. DCIT (2022) 196 ITD 53 / 219 TTJ 1 (Hyd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Matter was remanded to Commissioner (Appeals) for fresh adjudication. [S. 144, 153C, 251]

Samira Habitats India Ltd. v. DCIT (2022) 196 ITD 561 (Mum.) (Trib.)