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. 142(2A): Inquiry before assessment– Special audit– Reference to Special Audit – Without opportunity of being heard – Illegal – No extension of time for assessment – Additional ground – Assessment order is barred by limitation. [ S. 143(3), 153 , 254(1) ]
Rajiv Kumar v. ACIT (2023) 146 taxmann.com 115 (Chd)(Trib) www.itatonline .org
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Tribunal quashing the order on ground of limitation-Criminal prosecution initiated against petitioner for committing offences under sections 276CC and 276 could not be quashed. [S. 139, 148, 153A, 276C, 278E]
S. J. Surya v. Dy. CIT (2022) 288 Taxman 621 / 214 DTR 361/ (2023) 333 CTR 493 (Mad.)(HC)
S. 276CC : Offences and prosecutions-Failure to furnish return of income-Survey-Delay of several months-Launching of complaint is justified-Petition to quash the proceedings dismissed. [S. 133A, 139, 148, 271(1)(c), 276(1), 277]
Dharampal R. Pandia v. ACIT (2022) 288 Taxman 177 /(2023) 335 CTR 787 (Mad.)(HC)
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Order of CIT(A)) was set aside by the Tribunal-Prosecution launched on alleged failure to comply demand notice will not survive-Criminal petition was allowed. [S. 256, 276((2), 278E]
A. Latha v. Dy. CIT (2022) 288 Taxman 565 (Mad.)(HC)
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Not managing director-Not in charge of day to day activities of the company-No error was committed by Trial Court in discharging assessee-Revision petition of Revenue was dismissed. [S. 2(35)(b)]
ITD v. Jenious Clothing (P) Ltd. (2022) 288 Taxman 521 (Karn.)(HC).Editorial: Notice issued in SLP filed by Revenue ,ITD v. Jenious Clothing (P) Ltd (2023) 290 Taxman 101 ( SC)
S. 270A : Penalty for under-Reporting and misreporting of income-Immunity from imposition-Furnished all details of transactions-Disallowance cannot be considered misreporting-In absence of details as to which limb of section 270A was attracted and how ingredient of sub-section (9) of section 270A was satisfied, mere reference to word misreporting by revenue in penalty order to deny immunity from imposition of penalty and prosecution makes impugned order manifestly arbitrary-Penalty was quashed-Revenue was directed to grant immunity under section 270AA of the Act. [S. 14A, 270A(9), 270AA, Art. 226]
Prem Brothers Infrastructure LLP v. NFAC (2022) 288 Taxman 768 / 219 DTR 180/(2023) 334 CTR 363 (Delhi)(HC)
S. 264 : Commissioner-Revision of other orders-Temporary advance in respect of nine concerns-Interest on borrowed capital-Reassessment-Rejection of revision application is held to be not valid [S. 36(1)(iii) 147, 148, Art. 226]
D.R. Patanaik v. CCIT (2022) 288 Taxman 584 (Orissa)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Pendency of appeal before Tribunal-Stay of proceedings-Assessing Authority could complete assessment proceedings pursuant to findings given by revisional authority-No notice of demand should be made by Assessing Authority pursuant to such order till said appeal before Tribunal was disposed off. [S. 254(1), Art. 226]
VIP Housing and Properties v. ITAT(2022) 288 Taxman 296 /(2023) 452 ITR 306(Mad.)(HC)
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Appeal before Commissioner (Appeals)-Issue was not subject matter of appeal before Commissioner (Appeals)-Book profit-Revision is valid-Revisionary order passed by Commissioner under section 263 could not be said to be without jurisdiction merely because document identification number (DIN) of order was intimated one day after said order was passed. [S. 9(1)(vii), 115JB, 250, 263(1)(c), Art. 226]
Texmo Precision Castings UK Ltd. v. CIT(IT) (2022) 288 Taxman 251 (Mad.)(HC)