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. 263 : Commissioner-Revision of orders prejudicial to revenue-Mistake committed by consultant in declaring wrong turnover in service tax returns-Assessing Officer making addition of profit element embedded in undisclosed receipts at 8 Per Cent.-Order of revision not valid. [S. 143(3)]

Gopal Chandra Manna v. PCIT (2021) 91 ITR 193 (Kol.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Trust deed providing for its dissolution on beneficiary attaining age 18-Revenue was informed about dissolution of Trust-Notice issued in name of trust after extinguishment of trust-Not curable defects-Notice illegal and Order to be quashed. [S. 143(3), 292B]

Bhavya RPG Trust v. PCIT (2021) 91 ITR 135 (Delhi)(Trib.) Varnika RPG Trust v. PCIT (2021) 91 ITR 135 (Delhi)(Trib.) Dhruv Gupta (Manish Dhruv Trust) v. PCIT (2021) 91 ITR 135 (Delhi.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision order was quashed-Assessment order passed consequent of revision order is quashed. [S. 32(1)(ii), 143(3)]

Dy. CIT v. Mumbai Nasik Expressway Ltd. (2021) 91 ITR 486 (Mum.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-DCF Method-Valuation of shares Assessment order was passed considering the point wise reply to the notice u/s 142(1) and 143(2) of the Act-Revision is held to be not valid. [S. 56(2)(viib) R. 11UA(2)(b)]

Dada Ganpati Gaur Products (P) Ltd. v. PCIT (2021) 207 DTR 105 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Issue was not subject matter of assessment u/s 153C–Original order on 28-3-2016-Revision order passed on 9-12-2020-Barred by limitation. [S.80IA, 143(3), 153C]

Seyad Shariat Finance Ltd. v. PCIT (2021) 206 DTR 282 / 91 ITR 4 (SN) / 213 TTJ 897 (Chennai)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchase and sale of properties-Stock in trade-Rental income is assessed as business income-Disallowance of depreciation and vehicle expenses-Revision order was quashed. [S. 28(i), 32, 37(1), 56, 143(3)]

Noor Resorts Pvt. Ltd. v. PCCIT (2021) 209 TTJ 380 /198 DTR 161 (Chd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Loss returned was accepted in scrutiny assessment-Revision order of rectification is held to be not valid-Quantification cannot be disturbed in revision proceedings. [S. 72, 143(3), 154]

Cargo Service Centre India (P.) Ltd. v. DCIT (2021) 208 DTR 81 / (2022) 192 ITD 392 / 215 TTJ 193 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cost of improvement-Freehold conversion charges stamp duty, etc-Revision was held to be not valid-Indexation erroneously taken at 852 instead of 785-Revision is held to be valid. [S. 45, 48]

Sanjay Majumdar v. PCIT (2021) 210 TTJ 137 / 199 DTR 17 (All.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Merger-Nationalised bank-CIT(A) has held that S. 115JB is not applicable to assessee-Revision is not valid-Deduction of bad debts-Order was passed after considering detailed submissions-Revision is not valid-Assessment made without reference to TPO-Revision order is valid. [S. 36(1)(vii), 36(1)(viia), 92CA, 115JB, 144C]

Bank of India v JCIT (2021) 210 TTJ 626 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Detailed questionnaire was issued by the Assessing Officer-Order cannot be said to be erroneous. [S. 143(3)]

PI Industries Ltd. v. PCIT (2021) 213 TTJ 686 / 206 DTR 73 (Jodhpur)(Trib.)