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–Disallowance of deduction claimed – Deletion of penalty is justified. [S. 260A]

PCIT v. E-City Investments & Holdings Company (P.) Ltd. [2022] 144 taxmann.com 61 (Bom)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue–Write off of interest receivable–Interest expenditure on slum rehabilitation project at Dindoshi–Inadequacy of enquiry does not give jurisdiction to Commissioner to revise the order – Explanation 2 is prospective in nature. [S. 36(1)(iii), 36(1)(vii), 260A]

PCIT v. Shvshahi Punarvasan Prakalp Ltd. (2023) 331 CTR 593 (Bom.)(HC)

S. 254(1) : Appellate Tribunal–Powers–Notional income-Income from house property or Income from other sources–Tribunal has no power to review earlier order–Order of Tribunal is stayed. [S. 22, 23, 56, 254(2), Art. 226]

Procter and Gamble Home Products (P.) Ltd. v. ITO [2023] 150 taxmann.com 124 (Bom)(HC)

S. 251 : Appeal-Commissioner (Appeals)–Powers -Failure to submit grounds of appeal–Violation of principle of natural justice–Ex-parte order was set aside. [S. 250, Form No.35, Art. 226]

Prime ABGB (P.) Ltd. v. NFAC [2023] 147 taxmann.com 357 (Bom)(HC)

S. 245R : Advance rulings–Non -Resident–Capital gains –Shell company – CBDT circulars and press release of Ministry of Finance -Certificate of residence issued by Mauritius Authorities would constitute sufficient evidence – Denial of benefit of Double Taxation avoidance agreement – Matter remanded to Authority for Advance Rulings for reconsideration-DTAA-India–Mauritius. [S. 45, 197(1), 245Q, Art. 13, Art. 226]

Bid Services Division (Mauritius) Ltd v. AAR (2023)453 ITR 461 / 334 CTR 389(Bom) (HC)

S. 226 : Collection and recovery – Modes of recovery – Assessee-in-default- On remittance of Rs 43 Crores the notice and order were to be quashed and set aside and all further action in respect thereof would be prohibited. [S. 226 (3), Art. 226

TJSB Sahakari Bank Ltd. v. DCIT [2023] 151 taxmann.com 254 (Bom)(HC)

S. 220 : Collection and recovery- Assessee deemed in default – High pitched assessment–Change its status from firm to trust– Complete stay was granted – Remanded to Assessing Officer to consider assesse’s status as Trust. [S. 250, Art. 226]

BHIL Employees Welfare Fund No.4 v. ITO [2023] 147 taxmann.com 427 / 455 ITR 130 (Bom)(HC)

S. 220 : Collection and recovery of tax–High pitched assessment – Complete stay of demand was granted. [S. 10(34), 10(38), 68, Art. 226]

Humuza Consultants v. ACIT [2023] 451 ITR 77 (Bom)(HC)

S. 179 : Private company-Liability of directors-Recovery proceedings- Gross neglect, misfeasance or breach of duty -Not proved – Order of the Assessing Officer and order rejecting the revision application was quashed. [S. 264, Art. 226]

Geeta P.Kamat v. PCIT (2023) 150 taxmann.com 490 / 455 ITR 234 (Bom)(HC)

S. 153 : Assessment-Reassessment-Limitation-Remand-Failure to comply with remand order made by Tribunal – Delay of 12 years – Assessment became time barred – Directed the Revenue to refund the amount along with interest under section 244A of the Act. [S. 132, 153(3), 158BC, 244A, Art. 226]

Lakhpatrai Agarwal v. ACIT [2023] 149 taxmann.com 348 / 292 Taxman 282 // (2024) 338 CTR 891/470 ITR 123 (Bom)(HC)