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. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Unsigned notice – Order is bad in law- Notice and order was quashed . [ S. 147, 148 292B, Art , 14, 226 ]

Prakash Krishnavtar Bhardwaj v. NFAC ( Bom)( HC)

S. 69C : Unexplained expenditure – Civil Contractor engaged in civil construction contracts- Purchases from suspicious dealers – Official websites of the Sales Tax Department, Government of Maharashtra -Bogus purchases -Books of account not rejected – Opportunity for cross examination was not provided – Purchases through banking channels- Deletion of addition is upheld [ S.133(6), 143(3)]

PCIT v. Sanjay Dhokad (Mr) (Bom)( HC)

S. 279: Offences and prosecutions – Sanction – Chief Commissioner – Commissioner – Compounding can be done beyond a period of 12 months – Guidelines contrary to the Act – Rejection of Compounding Application Quashed.[ S. 192 , Art , 226 ]

Footcandles Film Pvt. Ltd. v. ITO ( 2023 ) 146 taxmann.com 304 ( Bom)(HC)

S. 271(1)(c) : Penalty – Concealment – Addition based on stamp valuation – Deeming section – Levy of penalty is not valid .[ S. 56(2)(x) ]

Dipakumar Ishwarlal Panchal ( 2022)The Chamber’s Journal – November P.80 ( Ahd )( Trib)

S. 276B : Offences and prosecutions – Failure to pay the tax deducted at source – Application failed to disclose same offences in earlier years – Rejection of compounding application is held to be valid [ Art, 226 ]

Visraj Exports Pvt Ltd v. CCIT(TDS) ( ( 2022)The Chamber’s Journal – October P.91 ( Delhi)(HC)

Civil Procedure Code , 1908,
S.96 : Appeal from original decree – Appeal – Commissioner (Appeals) – Duties -First appeal is a valuable right – Appellate authority is required to address itself to all issues and decide the appeal assigning valid reasons. [ITAct , S. 250, 251 ]

Ramnath Exports Pvt Ltd v. Vinita Mehta and Ors (2022 ) 7SCC 678

143(2): Assessment – Notice – Amalgamation -Notice issued in the name of a non-existing entity is bad in law where the assessee had intimated the Department regarding such change – Decisions are to be read in the context in which they are rendered. [ S. 143(3), 292BB ]

DCIT v. Barclays Global Service Centre Private Ltd (Pune) (Trib)

S. 201 : Deduction at source – Failure to deduct or pay – Earlier order was set aside by the Tribunal -Department appeal is pending for hearing – Order of Tribunal not stayed – Order holding that the assessee in default for latter year following the order of earlier year was quashed – Order of Tribunal is binding on the Assessing Officer – Order treating the assessee in default was quashed . [S. 260A, Art , 226 ]

GIA Laboratory Pvt Ltd v. ITO ( 2023) 450 ITR 7( Bom)( HC).Editorial: Order in Gemological Institute of America CA Inc v. Add.CIT ( IT) ( 2021)88 ITR 505 ( Mum)( Trib), affirmed .

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Interest expenditure-One Time Settlement (‘OTS’)-Write off of interest receivable-Order was passed after making enquiry-Prior to the insertion of Explanation 2-Order of Tribunal quashing the revision order was affirmed. [S. 36(1)(iii), 36(1)(vii), 143((3), 260A]

PCIT v. Shivshahi Punarvasan Prakalp Ltd. (2022) 220 DTR 305 (Bom.)(HC)

S. 260A : Appeal-High Court-Ex-parte order on merits-Change of address-Gross negligent on the part of the appellant-One more opportunity is granted to the Appellant-Directed to pay cost of Rs. 25,000. [S. 254(1)]

Gopal Extrusions Pvt. Ltd. (Through its Director Sanjay Ramgopal Taparia) v. ITR (2022) 326 CTR 713 / 214 DTR 105 (Bom(HC)