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. 271(1)(c) : Penalty-Concealment-Not specifying the specific charge in the notice-Penalty levied was deleted. [S. 274]

Bhushan Lal Sawhney v. DCIT (2021) 190 ITD 225 / 91 ITR 565/ 212 TTJ 357/ 203 DTR 249 (Delhi) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Exempt income-Expenses was verified in the original assessment proceedings-Revision was held to be not valid. [S. 14A, R. 8D]

Shringar Marketing (P.) Ltd. v. PCIT (2021) 190 ITD 16 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Genuineness of transaction was verified by the Assessing Officer-Revision was held to be not valid. [S. 10(38), 45]

Satish Kumar Lakhmani v. PCIT (2021) 190 ITD 73 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transporter-Failure to deduct tax at source-Objection not considered-Revision was held to be bad in law. [S. 40(a)(ia), 194C (6), 194C(7)]

Jenirich Agro Products (P.) Ltd. v. DCIT (2021) 190 ITD 308 (Chenni) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-GSR expenses-Donation made to two trusts registered u/s 80G(5)(vi) of the Act-Revision was held to be not valid. [S. 37(1), 80G(5)(vi)]

JMS Mining (P.) Ltd. v. PCIT (2021) 190 ITR 702 / 91 ITR 80 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Amount assessed after revision was less than the amount assessed earlier assessment order-Second revision on the ground that amount assessed was less than original assessment was held to be not justified. [S. 68, 133(6), 143(3)]

Nextgen Vyapaar (P.) Ltd. v. PCIT (2021) 190 ITD 795 (Kol.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Industrial undertaking-Infrastructure development-Interest on income tax refund and interest on fixed deposits-No power of review-Rectification application was rejected. [S. 80IA]

Gateway Terminals India Pvt. Ltd. v. DCIT 190 ITD 220 (Mum.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Unexplained investment-Service of notice u/s. 143(2)-Miscellaneous application of revenue to rectify the mistake was dismissed. [S. 143(2)]

ITO v. Mohd. Akram (2021) 190 ITD 575 (SMC) (Lucknow)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Limitation period is to be counted from date of service of order and not from date of order.

Techknoweledgy Interactive Partners P. Ltd. (2021) 190 ITD 643 / 205 DTR 1 / 213 TTJ 1 (Mum.)(Trib.)

S. 199 : Deduction at source-Credit for tax deducted-Merged with four companies-Income shown in the return-Form no 26AS reflecting the tax deducted at source of merging companies-Denial of credit is held to be not justified.

Metropolis Healthcare Ltd. v. DCIT (2021) 190 ITD 331 (Delhi)(Trib.)