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. 263 : Commissioner-Revision of orders prejudicial to revenue-Share transaction-Assessing Officer applied his mind-Order of Tribunal quashing the revision order was affirmed-Appeal-High Court-Condonation of delay-Administrative reasons-The Principal Commissioner had casually termed the delay of 109 days as a delay of only of “few days” which indicated the lack of seriousness on the part of the Department in adhering to the timeline stipulated under the Act. Delay of 109 days was not condoned-Monetary limits-Includes appeal against revision order-Appeal is not maintainable [S. 260A]
PCIT v. Pushp Steel and Mining Pvt. Ltd. (2023) 452 ITR 66 / 291 Taxman 586 (Delhi)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Operating loss-Assessing Officer applying mind and accepting operating loss-Possible view-Revision is not justified. [S. 28(i), 37(1)]
PCIT v. Cartier Leaflin Pvt. Ltd. (2023) 452 ITR 242 / 291 Taxman 446 (SC) Editorial: Decision in PCIT v. Cartier Leaflin Pvt. Ltd. (ITA No. 1010 of 2017 dt. 15-10-2019 (Bom)(HC), affirmed.
S. 250 : Appeal-Commissioner (Appeals)-Duties-Search and Seizure-Block assessment-Failure to furnish all material in Department’s possession-Direction issued to CIT(A) to furnish to assessee except documents relied upon. [S. 132, 153A, 246A, Art. 226]
Deepak Talwar v. Dy. CIT (2023) 452 ITR 61 (Delhi)(HC)
S. 246A : Appeal-Commissioner (Appeals)-Stay-Payment of 20 Per Cent. of sum assessed-Best judgement assessment-High pitched assessment-Coercive proceedings to be kept in abeyance. [S. 144, 250, Art. 226]
Radhakrishnan Nair Madhavan Nair v. PCIT (2023) 452 ITR 104 (Ker.)(HC)
S. 205 : Deduction at source-Bar against direct demand-Refund-Department cannot demand tax from assessee and set off demand against refund of any other assessment year. [S. 194, 237]
Sanjay Sudan v. ACIT (2023) 452 ITR 107 / 331 CTR 797 / 224 DTR 9/ 292 Taxman 138 (Delhi)(HC)
S. 200 : Deduction at source-Duty of person deducting tax-Intimation of demand-Not responding to notice-Garnishee notice to bank-Alternative remedy-Writ is not maintainable. [S. 201(IA), 221, 226(3), 246A, Art. 226]
Construction Engineers v. UOI (2023) 452 ITR 33 / 331 CTR 788/ 223 DTR 435 (J&K&L)(HC)
S. 153D : Assessment-Search-Sanction-Sanction-Alternative remedy-Writ was dismissed against the order of CIT(A). [S. 253, Art. 226]
Tirupati Buildings and Offices Pvt. Ltd. v. PCIT (2023) 452 ITR 282 (Delhi)(HC)
S. 153A : Assessment-Search or requisition-Incriminating material was found in search and investigation-Assessment order valid. [Art. 136]
Siddharth Gupta v. PCIT (2023) 452 ITR 227 (SC) Editorial: PCIT v. Mehndipur Balaji (2022) 447 ITR 517 (All)(HC), affirmed.
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice issued in name of deceased assessee-Notice and order quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]
Prakash Tatoba Toraskar v. ITO (2023) 452 ITR 59 / 151 taxmann.com 366 (Bom.)(HC)