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-Cash deposit in the Bank-Un explained money-AIR information flagged-Non-filer of returns-Revisionary powers could not be permitted to be exercised on suspicions and inferences-Revision order was quashed. [S. 44AD, 69A]

Pawan Kumar v. ITO (2022) 196 ITD 378 / 220 TTJ 86 / 219 DTR 267 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Document Identification No. (DIN)-Revision order passed manually without Document Identification No. (DIN) in its body-Held to be invalid and deemed to have never been issued.

Tata Medical Centre Trust v. CIT(E) (2022) 196 ITD 302 / (2023) 222 TTJ 249 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Carry forward and set-off of business losses-Set-off of brought forward losses against short term capital gains-Leasing business-As per section 72(1)(i) assessee is entitled to set-off brought forward business loss against income which has attributes of business income even though same is assessable to tax under head other than profits and gains from business-Revision order is not valid. [S. 72]

Infinity Infotech Parks Ltd. v. PCIT (2022) 196 ITD 316 (Kol.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Government grants-Accumulation of income-Doctrine of consistency-Accumulation of 15%-Revision is not valid. [S. 11(1)(a), 12]

Gujarat State Lion Conservation Society v. CIT (2022) 196 ITD 172 (Rajkot)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Search-Un explained expenditure-Cash paid to labour charges-No explanation was furnished-Revision is held to be valid. [S. 69C, 132, 153A]

Shrigopal Rameshkumar Sales (P.) Ltd. v. ACIT (2022) 196 ITD 107 (Nagpur)(Trib.)

S. 254(1) : Appellate Tribunal-Powers-Additional grounds-Farming genetically modified seeds in lands leased from farmers-Additional evidence filed by Revenue based on Search proceedings-Matter remanded. [S. 2(IA), 10(1), 132, 153A, ITAT R. 29]

Nuziveedu Seeds Ltd. v. DCIT (2022) 196 ITD 53 / 219 TTJ 1 (Hyd.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Matter was remanded to Commissioner (Appeals) for fresh adjudication. [S. 144, 153C, 251]

Samira Habitats India Ltd. v. DCIT (2022) 196 ITD 561 (Mum.) (Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Adjournment request was filed-Matter was to be remanded to Commissioner (Appeals) for adjudication de novo. [S. 251]

Goldstone Trading Company (P.) Ltd. v. ACIT (2022) 196 ITD 556 (Mum.)(Trib.)

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Even while passing the ex-parte order the CIT(A) has to deal with merits in respect of all issues raised in the grounds of appeal. [S. 144, 251]

Marvel Industries Ltd. v. DCIT (2022) 196 ITD 229 / 218 TTJ 806/ 216 DTR 249 (Mum.)(Trib.)

S. 195 : Deduction at source-Non-resident-Sale of property-Capital gains-Resident payee had reported income in ITR or did not have positive income in assessment year under consideration would not absolve assessee’s liability to deduct tax. [S. 201, 201(IA)]

Nitesh Estates Ltd. v. ADIT(IT) (2022) 196 ITD 404 / 220 TTJ 1003 / 220 DTR 277 (Bang.)(Trib.)