S. 264 : Commissioner-Revision of other orders-Subject matter of appeal-Revised return-CIT (A) dismissed the appeal on the ground that the admitted tax was not paid–Rejection of revision application was held to be not justified-Matter remanded. [S. 246, Art. 226]
S. Ravinder v. CIT (2021) 282 Taxman 205 / 203 DTR 322 / 321 CTR 346 (Telangana)(HC)
Digest of case laws
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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
Click here to download the pdf versions of the Digest of case laws S. 264 : Commissioner-Revision of other orders-Dismissal petition as premature without giving any reasons-Matter remanded and directed to pass a reasoned order. [Art. 226]
Riso India Private Limited v. PCIT (2021) 437 ITR 174 / 205 DTR 78/ 322 CTR 840 (Delhi)(HC)S. 264 : Commissioner-Revision of other orders-Return filed and assessed as resident-Scope is narrower than appeal-Revision application made to be assessed as Non-resident-Writ is not maintainable-Circular and Act-In case of conflict of provisions of Act will prevail. [S. 2(42), 6(1)(a), 144, 147, 154, Art. 226]
Tapas Kumar Basak v. ADIT(IT) (2021) 438 ITR 197 / 322 CTR 971/ ( 2022) 284 Taxman 224 (Cal.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Unexplained investment-Un secured loans-Enquires were made in detail-Plausible view-Explanation 2-Revision is held to be not valid. [S. 68, 69]
PCIT v. Shreeji Prints (P) Ltd. (2021) 130 taxmann.com 293 (Guj.)(HC) Editorial : SLP of revenue dismissed; PCIT v. Shreeji Prints (P.) Ltd. (2021) 282 Taxman 464 (SC))/( 2021) 437 ITR 10(ST)(SC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Depreciation-Two possible view-Revision is held to be not valid. [S. 32]
PCIT v. Cisco Systems Capital (India) Pvt. Ltd. (2021) 437 ITR 349/ 206 DTR 143/ 323 CTR 563 (Karn.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Two possible view-Interest on fixed deposit-Order of revision is not valid. [S.143(3)]
PCIT v. Brahma Centre Development Pvt. Ltd. (2021) 437 ITR 285 / 205 DTR 249/ 323 CTR 888(Delhi) (HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search and seizure-Undisclosed investment-Excess stock assessed as business income-Possible view-Revision order held to be not justified. [S. 69, 115BBE, 132, 153D, 260A]
PCIT v. Deccan Jewellera P. Ltd (2021) 438 ITR 131 / 206 DTR 257/ 322 CTR 952/ 283 Taxman 578 (AP)(HC) PCIT v. Deccan Tobacco Company (2021) 438 ITR 131 (AP)(HC) PCIT v. Dte Exports P. Ltd. (2021) 438 ITR 131 (AP)(HC)Editorial : Notice issued in SLP filed against High Court order CIT v. Deccan Tobacco Company ( 2022) 286 Taxman 558 (SC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search and seizure-Undisclosed investment-Excess stock assessed as business income-Possible view-Revision order held to be not justified. [S. 69, 115BBE, 132, 153D, 260A]
PCIT v. Deccan Jewellera P. Ltd (2021) 438 ITR 131 / 206 DTR 257/ 322 CTR 952/ 283 Taxman 578 (AP)(HC) PCIT v. Deccan Tobacco Company (2021) 438 ITR 131 (AP)(HC) PCIT v. Dte Exports P. Ltd. (2021) 438 ITR 131 (AP)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Order to be made within two years-Order passed and dispatched with in two years-Received the copy of order after eight months-Order is valid-Date of receipt is not relevant-Interpretation of taxing statute-The provision of the statute are to be as they are and nothing is to be added or taken away from the provisions of the statute. [S. 263(2)]
CIT v. Mohammed Meeran Shahul Hameed (2021) 438 ITR 288 / 322 CTR 867 /206 DTR 209 / 283 Taxman 454(SC)S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-No power of review-Rejection of application was held to be valid. [S. 254(1), 260A, Art. 226]
Southern Roadways Ltd. v. Dy. CIT (2021) 437 ITR 369 (Mad.)(HC)