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-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.)

S. 172 : Shipping business-Non-residents-Shipping business-Option to be assessed under normal provision-Summary assessment orders passed under section 172(4) on each voyage undertaken earning freight from India is held to be not valid-DTAA-India-Greece. [S. 139, 172(4), 172(7), Art. 8]

Interocean Shipping (India) (P.) Ltd. v. DCIT(IT) (2022) 196 ITD 253 / 100 ITR 560 (Rajkot)(Trib.)

S. 170 : Succession to business otherwise than on death-Amalgamation-Assessment order was passed in the name of company which is ceased to be in existence as on date when Assessing Officer passed order-Order is nullity. [S. 2(31), 143(3)]

Marlabs Innovations (P.) Ltd. v. DCIT (2022) 196 ITD 179 / 97 ITR 64 (SN) (Bang.)(Trib.)