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. 271(1)(c) : Penalty-Concealment-Approval-Procedure-Tribunal was not justified in quashing penalty order passed by Assessing Officer on mere premises that Additional Commissioner did not find place in section 274(2)(b) of the Act. [S. 2(28C), 274(2)]

CIT v. Gyan Chand Jain (Late) (2022) 139 taxmann.com 318 (Raj.)(HC) Editorial : SLP granted to Revenue, Gyan Chand Jain (Late) v. CIT (2022) 287 Taxman 379 / 114 CCH 313 (SC)

S. 271(1)(c) : Penalty-Concealment-Offshore bank accounts-Voluntary declaration-Levy of penalty is not valid. [S. 143(3), 147, 148]

CIT(IT) v. Ashutosh Bhatt (2022) 287 Taxman 436/217 DTR 381/ 329 CTR 541 (Bom.)(HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Pendency of appeal before ITAT-Assessing Officer can complete the assessment-No demand can be enforced till the appeal is decided by the Appellate Tribunal. [S. 254(1), Art. 226]

Taqa Nevyeli Power Co. P. Ltd. v. ITAT (2022) 287 Taxman 113 /113 CCH 324 //(2023)452 ITR 302 (Mad.) (HC)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Work in progress-Method of accounting-Valuation of stock-Merely to remand matter to AO to verify correctness of submission made by assessee that profit element was accounted for in its income was held to be not valid. [S. 145]

PCIT v. Orissa State Police Housing & Welfare Corporation Ltd. (2022) 287 Taxman 479 / 218 DTR 148/114 CCH 317 / 328 CTR 823(Orissa)(HC)

S. 260A : Appeal-High Court-Delay of 174 days-Delay was condoned.

PCIT v. Ratan Kumar Somani (2022) 139 taxmann.com 37 (Cal.)(HC) Editorial : SLP of assessee dismissed, Ratan Kumar Somani v. Pr. CIT (2022) 287 Taxman 294 /114 CCH 61 (SC)

S. 260A : Appeal-High Court-Delay of 545 days-Administrative exigency-Delay was condoned.

Inland World Logistics (P) Ltd. v. Pr. CIT (2022) 139 taxmann.com 314 (Cal.)(HC) Editorial : SLP of assessee dismissed, Inland World Logistics (P) Ltd. v. Pr. CIT (2022) 287 Taxman 377/114 CCH 59 (SC)

S. 260A : Appeal-High Court-Territorial Jurisdiction-Assessment was initiated at New Delhi and final assessment was framed by Assessing Officer at Ghaziabad-High Court of Punjab and Haryana lacked jurisdiction to adjudicate matter.

PCIT v. ABC Papers Ltd. v. ABC Papers Ltd. (2022) 139 taxmann.com 312 (P&H)(HC) Editorial: SLP granted to Revenue, PCIT v. ABC Papers Ltd. (2022) 287 Taxman 393 / 114 CCH 322 (SC)

S. 241A : Refunds-Withholding of refund in certain cases-Estimated tax liability-Revenue neutral-Method of accounting-Income offered for tax when services were rendered-Withholding of tax is held to be not valid. [S. 143(3), 145]

Ericsson India (P) Ltd. v. ACIT (2022) 287 Taxman 230/ 113 CCH 330 / 217 DTR 414/ 328 CTR 649/(2023) 456 ITR 523(Delhi)(HC)

S. 234D : Interest on excess refund-Provision inserted from 1-6-2003 would apply to all regular assessments made on or after 1-6-2003 irrespective of assessment year involved-Liable to pay interest.

CIT v. Lakshmi Vilas Bank Ltd. (2022) 287 Taxman 333 / 113 CCH 336 (Mad.)(HC)

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice u/s 148 issued on 30-6-2021 without complying with mandatory provisions-Order is quashed-, Explanations to Notifications dated 31-3-2021 and 27-4-2021 issued by CBDT were to be declared ultra vires of 1961 Act and TLA Act, 2020. [S. 148, 151 Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3, Art. 226]

Mohammed Mustafa v. ITO (2022) 287 Taxman 277/114 CCH 59 (/ 214 DTR 108Karn.)(HC)