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. 264: Commissioner-Revision of other orders-Intimation under section 143(1)-Intimation is an order-Alternate remedy-Commissioner cannot refuse jurisdiction.[S. 143(1), Art. 226]
Kamal Pasricha As Trustee of Kuldip Kaur Trust v. ITO [2025] 171 taxmann.com 620 /[2026] 491 ITR 176 (Bom) (HC)
S. 260A: Appeal-High Court-Moratorium under IBC-Where the assessee company was undergoing Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016, the revenue’s appeals against the Tribunal’s order on the assessee’s tax liability could not proceed during the moratorium under Section 14 of the IBC.[The Insolvency and Bankruptcy Code, 2016, 14, 238]
CIT v. Shirpur Gold Refinery Ltd. [2025] 177 taxmann.com 30 (Bom)(HC)
S. 260A: Appeal-High Court-Delay-Communication of Tribunal order-Service on Chartered Accountant not sufficient-Appeal has been filed after a delay of 2961 days (8 years and 41 days)-Delay condoned.[S. 254(3), 255, 288, Rule 35, Chartered Accountants Act, 1949, S.2(1)(b)]
Neelam Ajit Phatarpekar (Mrs.) v. ACIT [2025] 176 taxmann.com 129 (Bom) (HC)
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Employee’s contributions (EPF/ESI)-Subsequent Supreme Court judgment-No mistake apparent from the record-Rectification impermissible. [S. 36(1)(va), 139(1),260A, Art. 226]
Prakash D. Koli v. ITAT [2025] 176 taxmann.com 481 (Bom) (HC).
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Pendency of appeal-Income from house property-Income from other sources-Review of earlier order-Appeal pending before the High Court-Tribunal had no jurisdiction-Matter remanded. [S. 22, 56, 254(1), 260A, Art. 226]
Procter and Gamble Home Products (P.) Ltd. v. ITAT [2025] 172 taxmann.com 387 (Bom) (HC) Editorial: Refer, Procter and Gamble Home Products (P.) Ltd. v. ITO (2023) 150 taxmann.com 124 (Bom)(HC), operation of the order was stayed.
S. 254(1): Appellate Tribunal-Duties-Reasoned order-Export-oriented undertaking-Site Transfer Income-Natural justice-Duty to give reasons in support of adverse orders-Order passed by a quasi-judicial authority affecting the parties’ rights must speak for itself-Absence of reasons by Tribunal-Matter remanded to the Tribunal [S. 10B, 260A]
PCIT v. Watson Pharma (P.) Ltd. [2025] 173 taxmann.com 957 (Bom) (HC)
S. 254(1): Appellate Tribunal-Duties-Natural justice-Ex parte faceless assessment-Matter remanded. [S. 89, 143, 144B, Art. 226]
Vijay Shrinivasrao Kulkarni v. ITO [2025] 171 taxmann.com 696 (Bom) (HC)
S. 254(1) : Appellate Tribunal-Duties-Penalty-Concealment-Violation of principles of natural justice-Assessee not given opportunity to argue penalty appeal-Matter remanded to Tribunal for fresh hearing-Directed to deposit cost of Rs.150,000 in the name of KEM Hospital [S. 260A, 271 (1)(c)]
Hicons Developers v. DCIT [2025] 171 taxmann.com 341 (Bom.)(HC)
S. 245D: Settlement Commission-Settlement of cases-Procedure-Application-Full and true disclosure-When an application is made before ITSC and ITSC is satisfied that there has been a full and true disclosure, the department cannot raise any grievance against its order.[S. 245C, 245D(4), Art. 2226 ]
PCIT (Central) v. ITSC [2025] 176 taxmann.com 931 (Bom)(HC) Editorial: SLP of revenue dismissed for failure to explain delay of 337 days, PCIT v. Jagdish Bhagwandas Ahuja ([2025] 177 taxmann.com 452 (SC)
S. 245 : Refunds-Set off of refunds against tax remaining payable-Adjustment against outstanding demand-20 per cent of demand already paid-Adjustment not justified.[Art. 226]
Kishore Mohanlal Dingra v. ACIT [2025] 174 taxmann.com 1024 /[2026] 489 ITR 602 ((Bom) (HC)