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. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Undisclosed income-Surrender of additional income during search-No specific discrepancy-Penalty is deleted.[S. 132, 132(4)]
Ajay Kumar Sood Engineers & Contractors v. Dy.CIT (2024) 232 TTJ 90 /242 DTR 216 / 38 NYPTTJ 859 (Chd)(Trib)
S. 271(1)(c) : Penalty-Concealment-NCLT approved the plan-Penalty levied does not survive-Penalty is deleted. [S. 156, Insolvency and Bankruptcy Code 2016. 30(2), 31(1), 238]
Orchid Pharma Ltd v. ACIT (2004) 232 TTJ 125 (UO) (Chennai)(UO) (Trib)
S. 271(1)(c) : Penalty-Concealment-Deductions under sections 80C, 80CCF, 80D, 80DD and 80G ST and loss under the head Income from House Property-Return was filed after time-limit prescribed under s. 139(4) and was invalid return-Re assessment notice-Returned income and assessed income is same-Penalty is deleted.[S.139(4), 147, 148]
Ajoy Sharma v. Dy.CIT (2024) 232 TTJ 81 (UO) (Jaipur)(Trib)
S. 271(1)(c) : Penalty-Concealment-No incriminating material during search-Additional income declared is accepted-Foreign bank account-Explanation 5A to section 271(1)(c) is not applicable-Penalty is deleted. [S. 153A, Art.]
Rajinder Kumar v. ACIT (2024) 232 TTJ 261 / 243 DTR 297 / 38 NYPTTJ 776 (Delhi)(Trib)
S. 270A:Penalty for under-reporting and misreporting of income-Failure to establish the genuineness of donors-Anonymous donations-The issue is restored to the AO with a direction to give one more opportunity to the assessee to substantiate its case with evidences to his satisfaction regarding the identity and creditworthiness of the donors and the genuineness of the transaction. [S.270A(a)]
Adivasi Unnati Seva Mandal v. ACIT (E) (2024) 232 TTJ 51 (UO) (Pune) (Trib)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Formal education through music school-Education-Running a petrol pump whose receipts are claimed to be utilised for meeting its charitable objects-Assessment order is not erroneous and prejudicial to the interest of Revenue-Revision is quashed. [S. 2(15), 11(4), 11(4A)]
Smt. Lingammal Ramaraju Shastra Prathistha Trust v. ACIT (E) (2024) 232 TTJ 827 / 38 NYPTTJ 1437 (Chennai)(Trib)
S. 254(1) : Appellate Tribunal-Powers-Pursuing wrong forum of appeal-Substantial justice-Delay is condoned-Matter is restored to CIT(A) for de novo adjudication. [S.176(3), 189, 250(4) 250(6), 253(5) 282, Rule. 127]
Manohars Catering v. ACIT (2024) 232 TTJ 809 / 38 NYPTTJ 1189 (Bang)(Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Delay of 1694 days-Appeal is dismissed-CIT(A) cannot dismiss the appeal for default expressly or by inevitable implication; appellate authority has to decide the appeal on merits-Matter remanded to the file of CIT(A) to decide on merits.[S. 250]
Medavakkam Vattara Nadargalikkiya Sangam v. ITO (2024) 232 TTJ 76 (UO)/ 38 NYPTTJ 1359 (Chennai)(Trib)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Setting aside of matter back to the AO-Failure to file return-Best judgement assessment-No power to set aside the matter w.e.f 1st June 2001-the matter is restored back to the CIT(A) with a direction to call for a remand report from the AO and then adjudicate the matter. [S. 139, 142(1), 144]
Jyoti Prakash Deshmukh v. ITO (2024) 232 TTJ 314 / 244 DTR 1 / 38 NYPTTJ 1270 (Mum)(Trib)