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.254(1): Appellate Tribunal -Duties -ITAT misdirected by going into the facts of assessment order dated 31.03.2016 when the appeal arose out of order dated 15.12.2017- Order of Tribunal was remanded for passing a fresh order after verifying the records. [ S. 148, 148, 151, 260A ]
PCIT v. Roshan Maheshwari (Proprietor of M/s Maheshwari Minerals) (2022) 219 DTR 499/( 2023) 330 CTT 603 (Jharkhand)( HC)
S. 153A: Assessment – Search or requisition- Share certificate – Disclosed in the books of account – Statement of a third party – Opportunity of cross-examination not given – Order is bad in law [ S. 68, 132(4) , 133(6) ]
PCIT v. JPM Tools Ltd (2022) 219 DTR 201 / 329 CTR 526 (Delhi)( HC )
S. 151: Reassessment – Notice – After the expiry of four years – without proper sanction – Reassessment proceedings quashed.[ S. 148 , 151(1) ]
Raj Kumar Jain v. PCIT (2022) 215 DTR 101 / 327 CTR 461(MP)( HC)
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Third party Search – Provision of section 153C is applicable – Notice under section 148A is held to be bad in law – Remanded the matter back to the AO to pass a fresh reasoned order in accordance with the law. [ S. 148, 148A(d), 153C, Art , 226 ]
Pradeep Kumar Varshney v. ITO ( 2022 ) 214 DTR 74 / 326 CTR 882 (Delhi ) ( HC)
S. 147: Reassessment – Principle of natural justice – Reassessment completed without providing an opportunity of being heard- Contention of alternative remedy was rejected – Order and notice was quashed and set aside [ S. 148, Art, 226 ]
Ramesh Chandra v . NFAC (2022) 327 CTR 744/ 216 DTR 293 (Raj)( HC)
S. 271(1)(c) : Penalty-Concealment-Provision of interest twice-Bonfide mistake-Deletion of penalty is justified.
PCIT v. Gujarat State Electricity Corporation Ltd. (2023) 290 Taxman 77 (Guj.)(HC)
S. 268A : Appeal-Tax effect less than the monetary limit of Rs 1 crore-Appeal of revenue was dismissed [S. 260A]
CIT v. Flow Link Systems (P.) Ltd. (2023) 290 Taxman 447 (Mad.)(HC)
S. 264 : Commissioner-Revision of other orders-Appeal not filed-Rejection of revision petition is held to be not valid-Commissioner is directed to hear the petition on merits. [S. 250, Art. 226]
Vikas Nagelia v. CIT (2023) 290 Taxman 258 (Cal.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision was done twice-Revision for the third time is held to be not valid. [S. 143(3), 153A]
PCIT (C) v. Padma Kumar Jain (2023) 455 ITR 679 / 290 Taxman 394 (Jhakahd)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Unexplained investments-Assessing Officer has not enquired into any documentary evidence-Revision was held to be justified. [S. 69]
Himanshu Kukreja v. PCIT (2023) 290 Taxman 453 (Uttarakhand) (HC)