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-Jurisdictional issue of reassessment can be challenged in an appeal against revision proceedings-Appeal-Appellate Tribunal-Power-Revision order was quashed. [S. 143(3), 147, 253, 254(1)]
Concord Infra Projects (P) Ltd. v. PCIT 214 TTJ 892 / 208 DTR 1 (Kol.)(Trib.)
S. 254(2A) : Appellate Tribunal-Stay-Stay is granted subject to providing a reasonable security for an amount of 20 % of the disputed demand to the satisfaction of the Assessing Officer. [S. 220(6)]
Grasim Industries Limited v. DCIT (2021) 211 TTJ 137 / 200 DTR 248 (Mum.)(Trib.)
S. 254(2A) : Appellate Tribunal-Stay-Interim stay order by High Court-Revenue Authorities have taken a conscious decision not to recover the outstanding amount-Stay petition is dismissed as infructuous. [S. 220(6)]
Grasim Industries Limited v. DCIT (2021) 211 TTJ 153 / 200 DTR 265 (Mum.)(Trib.)
S. 254(2A) : Appellate Tribunal-Stay-Demand on account of ALP adjustment for assignment of call or put options vested by assessee to its Mauritius based group concern, inasmuch as it put said group concern at an undue advantage of buying Vodafone India shares at a price much below market rate without any corresponding benefit to assessee-Stay granted on impugned tax demand subject to deposit of 20 per cent tax and furnishing of corporate guarantee from AE. [S. 220]
Vodafone India Services Ltd. v. ACIT (2021) / 212 TTJ 760 / 204 DTR 89 (Mum.)(Trib.)
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-The Tribunal has consciously adjudicated a case instead of referring it to a special bench as desired by the assessee, it is not open to him to try achieving the same under the garb of 254(2) proceedings-Miscellaneous application is rejected.
Sale Mohammed Padamsee & CO. v. PCIT, (2021) 213 TTJ 895 / 206 DTR 102 (Mum.)(Trib.)
S. 254(1) : Appellate Tribunal-Power-Additional evidence-Non-consideration of additional evidence placed on record would cause prejudice to assessee-Commissioner (Appeals) to admit additional evidence. [R. 46A, ITAT R, 29]
Sanjay Matai v. ITO (2021) 91 ITR 597 (Jaipur)(Trib.)
S. 254(1) : Appellate Tribunal-Power-Additional evidence-Non-consideration of additional evidence placed on record would cause prejudice to assessee-Commissioner (Appeals) to admit additional evidence. [R. 46A, ITATR, 29]
Sanjay Matai v. ITO (2021) 91 ITR 597 (Jaipur)(Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Power of enhancement of income-Commissioner (Appeals) cannot introduce new source of income-Assessment to be confined to items of income which were subject matter of original assessment. [S.. 251(1)(a)]
N. R. Agarwal Industries Ltd. v. ACIT (2021)91 ITR 503 (Surat) (Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Business expenditure-Confirmed by the CIT(A) by adopting different reasoning than that of Assessing Officer-Order set aside to the Assessing Officer for fresh order as per law after providing reasonable opportunity of hearing [S. 37(1),40(a), 254(1)]
Energy Infratech Pvt. Ltd. v. DCIT (2021) 210 TTJ 309 / 199 DTR 145 (Delhi)(Trib.)
S. 251 : Appeal-Commissioner (Appeals)-Powers-Orders passed by CIT(A) after compulsory retirement as well as in case of assessee not covered within his jurisdiction are illegal, bad in law and non-est since it issue goes to the root of the matter-Orders set aside to the files of the respective Jurisdictional CIT(A) to decide afresh in accordance with law. [S. 120]
ACIT v. Globus Construction Pvt. Ltd. (2021) 213 TTJ 101 / 204 DTR 249 (Delhi)(Trib.)