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. 2(22)(e) : Deemed dividend-Finance company-Advance loan-Not assessable as deemed dividend.

Jitendra Kapildeo Gupta v. DCIT (2022) 64 CCH 359/ 216 TTJ 751 / 212 DTR 71 (Pune)(Trib.)/ACIT v. Subu Chem (P) Ltd( 2022) / 216 TTJ 751 / 212 DTR 71 (Pune)(Trib.)

S. 2(22)(e) : Deemed dividend-Amount received in previous year from an entity in which the assessee was having more than 25% shareholding-No evidence to show that amount received in current year-Addition is not valid.

Kailash Kanhaiyalal Gidwani v. ACIT (2022) 216 TTJ 54 (UO) (Pune)(Trib.)

S. 69 :Unexplained investments – Long term capital gains -Penny stock – Denial of exemption is not valid . [ S. 10(38), 45, 131 , 133A ]

Sunita Chaudhry (Smt ) v .ITO ( Mum)( Trib) www.itatonline .org

S. 271(1)(c) : Penalty-Concealment-Approval-Procedure-Tribunal was not justified in quashing penalty order passed by Assessing Officer on mere premises that Additional Commissioner did not find place in section 274(2)(b) of the Act. [S. 2(28C), 274(2)]

CIT v. Gyan Chand Jain (Late) (2022) 139 taxmann.com 318 (Raj.)(HC) Editorial : SLP granted to Revenue, Gyan Chand Jain (Late) v. CIT (2022) 287 Taxman 379 / 114 CCH 313 (SC)

S. 271(1)(c) : Penalty-Concealment-Offshore bank accounts-Voluntary declaration-Levy of penalty is not valid. [S. 143(3), 147, 148]

CIT(IT) v. Ashutosh Bhatt (2022) 287 Taxman 436/217 DTR 381/ 329 CTR 541 (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Pendency of appeal before ITAT-Assessing Officer can complete the assessment-No demand can be enforced till the appeal is decided by the Appellate Tribunal. [S. 254(1), Art. 226]

Taqa Nevyeli Power Co. P. Ltd. v. ITAT (2022) 287 Taxman 113 /113 CCH 324 //(2023)452 ITR 302 (Mad.) (HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Work in progress-Method of accounting-Valuation of stock-Merely to remand matter to AO to verify correctness of submission made by assessee that profit element was accounted for in its income was held to be not valid. [S. 145]

PCIT v. Orissa State Police Housing & Welfare Corporation Ltd. (2022) 287 Taxman 479 / 218 DTR 148/114 CCH 317 / 328 CTR 823(Orissa)(HC)

S. 260A : Appeal-High Court-Delay of 174 days-Delay was condoned.

PCIT v. Ratan Kumar Somani (2022) 139 taxmann.com 37 (Cal.)(HC) Editorial : SLP of assessee dismissed, Ratan Kumar Somani v. Pr. CIT (2022) 287 Taxman 294 /114 CCH 61 (SC)

S. 260A : Appeal-High Court-Delay of 545 days-Administrative exigency-Delay was condoned.

Inland World Logistics (P) Ltd. v. Pr. CIT (2022) 139 taxmann.com 314 (Cal.)(HC) Editorial : SLP of assessee dismissed, Inland World Logistics (P) Ltd. v. Pr. CIT (2022) 287 Taxman 377/114 CCH 59 (SC)

S. 260A : Appeal-High Court-Territorial Jurisdiction-Assessment was initiated at New Delhi and final assessment was framed by Assessing Officer at Ghaziabad-High Court of Punjab and Haryana lacked jurisdiction to adjudicate matter.

PCIT v. ABC Papers Ltd. v. ABC Papers Ltd. (2022) 139 taxmann.com 312 (P&H)(HC) Editorial: SLP granted to Revenue, PCIT v. ABC Papers Ltd. (2022) 287 Taxman 393 / 114 CCH 322 (SC)