S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Mens rea must be proved-Penalty Levied and paid for furnishing incorrect particulars in Income-Tax Return-Prosecution was not valid. [S. 132(4)(a), 277]
K. E. Gnanavel Raja v. ACIT (2022) 444 ITR 562 / 287 Taxman 127 (Mad.)(HC)
Digest of case laws
Online digest of latest case laws
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. 269UD : Purchase by Central Government of immoveable properties-Notice must give details which led to inference of undervaluation-Order pf Pre-Emptive purchase not valid-Transferee has a right to challenge order of purchase. [Art, 226]
Zeal Real Estate Ltd. v. UOI (2022) 444 ITR 442 (Bom.)(HC)S. 269UD : Purchase by Central Government of immoveable properties-Valuation of property should be just and reasonable-Rent capitalisation method-Adequate opportunity to be heard not given-Order of purchase of property-Not valid. [Form No. 37I, Art, 226]
Ashwika Kapur v. UIO (2022) 444 ITR 241 (Cal.)(HC)S. 264 : Commissioner-Revision of other orders-Order of dismissal by Single judge is held to be not proper-Order of Principal Commissioner set aside-Matter remanded to Principal Commissioner. [S. 143(3), 246A, Art, 226]
Unisource Hydro Carbon Services Pvt. Ltd. v. UOI (2022) 444 ITR 229/(2023) 334 CTR 95/ 226 DTR 164 (Cal.)(HC) Editorial : Order of single judge Unisource Hydro Carbon Services Pvt. Ltd. v. UOI(2022) 444 ITR 227 (Cal) reversed.S. 264 : Commissioner-Revision of other orders-Limitation-Pursuing appeal mistakenly-Delay in filing revision petition-Period spent in prosecuting appeal excluded-Matter remanded to Commissioner. [S. 246A, 248, Limitation Act, 1963, S. 14, Art, 226]
KLJ Organic Ltd. v. CIT (IT) (2022) 444 ITR 62 / 286 Taxman 282 (Delhi)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Penalty-Concealment-Commissioner setting aside entire Assessment-Assessing Officer acting under such order of remand can initiate penalty proceedings. [S. 143(3), 271 (1)(c), Art, 226]
Mallelil Industries Pvt. Ltd. v. ITO (2022) 444 ITR 80 / 288 Taxman 303 / 213 DTR 387/ 326 CTR 625(Ker.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deduction could not be denied on ground companies which used Railway Sidings were group companies-Revision is not valid. [S. 80IA(4)(i)(b)]
PCIT v. Rashmi Metaliks Ltd. (2022) 444 ITR 75/ 215 DTR 260 / 327 CTR 328(Cal.)(HC)S. 263 : Commissioner-Revision of orders prejudicial to revenue Provision for excise duty liability-Input tax credit in other units effectively amounting to constructive payment in next financial year-Revision is not valid. [S. 43B, 142(1)]
PCIT v. Beekay Steel Industries Ltd. (2022) 444 ITR 71 (Cal.)(HC)S. 260A : Appeal-High Court-Bad debt-High Court not admitting additional question on issue-Directed the High Court to decide the issue along with other questions. [S. 36(1)(vii)]
PCIT v. Babubhai Ramanbhai Patel (2022) 444 ITR 165/ 288 Taxman 93/ 216 DTR 127/ 327 CTR 481 (SC)S. 254(1) : Appellate Tribunal-Powers-Reassessment-Assessee not Co-operated-Order of remand is held to be justified. [S. 144, 147, 148]
G. Venkatesh v. ITO (2022) 444 ITR 527 (Karn.)(HC)