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
Click here to download the pdf versions of the Digest of case laws

S. 271(1)(c) : Penalty-Concealment-Co-Operative Bank Disallowance of claim-Levy of penalty is not valid. [S. 36(1)(viia)]

ITO v. Karad Janata Sahakari Bank Ltd. (2022) 93 ITR 79 (SN) (Pune)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchases from Special Economic Zone unit claimed as deemed import-Value added tax input on deemed import as expense in Profit and Loss Account-Order passed by Assessing Officer erroneous-Revision valid. [S. 143(3)]

Starline Organics Pvt. Ltd. v. PCIT (2022) 93 ITR 22 (SN) (Ahd.) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchases from Special Economic Zone unit claimed as deemed import-Value added tax input on deemed import as expense in Profit and Loss Account-Order passed by Assessing Officer erroneous-Revision valid. [S. 143(3)]

Starline Organics Pvt. Ltd. v. PCIT (2022) 93 ITR 22 (SN) (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to examine expenditure incurred with reference to dividend income-Revision is held to be valid. [S. 14A, 8D(2)(iii)]

Chettinad Lignite Transport Services Pvt. Ltd. v. PCIT (2022) 93 ITR 74 (SN) (Chennnai)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share premium-Report of expert-PCIT is not entitled to reject valuation report in absence of report from another expert. [S. 56(2)(vii)]

Ashdan Developers Pvt. Ltd. v. PCIT (2022) 93 ITR 6 (SN) (Pune) (Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Capital asset-Relinquishment of right in asset-Compensation-Right to sue-Compensation correctly assessed as capital gains-Revision to assess the compensation as income from other sources is held to be not valid. [S. 2(14), 45, 56]

Anil Rambhai Mevad v. PCIT (2022) 93 ITR 8 (SN)/)/ 215 TTJ 428/ 209 DTR 298 (Ahd.)(Trib.) Deepakkumar Rambhai Mevada v. PCIT (2022) 93 ITR 8 (SN)/)/ 215 TTJ 428/ 209 DTR 298 (Ahd.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Transfer pricing adjustment-Failure by Assessing Officer to make assessment in conformity with order of Transfer Pricing Officer-Revision is valid. [S. 92CA]

Actia (India) Pvt. Ltd. v. PCIT (2022) 93 ITR 65 (SN) (Delhi)(Trib.)

S. 234E : Fee-Default in furnishing the statements-Statements of tax deducted at source-Levy of fees for Assessment Years 2013-14, 2014-15 and 2015-16 not justified-CIT (A) erred in not condoning the delay. [S. 200A, 250]

Elite India Constructions P. Ltd. v. CIT (Appeals) (2022) 93 ITR 20 (SN) (Bang.)(Trib.) Sameer Granites Pvt. Ltd. v. ACIT (CPC) (TDS) (2022) 93 ITR 33 (SN) (Bang.)(Trib.)

S. 198 : Deduction at source-Tax deducted is income received-Credit for tax deducted-Refund-Duty of Assessing Officer to allow credit-Rejection of claim to refund treating letters as barred by limitation-Held to be not proper-Directed the Assessing Officer to allow credit and grant consequential refund. [S. 154(7), 199, 26AS]

Amit Mantri v. Dy. CIT (2022) 93 ITR 62 (SN) / 215 TTJ 533 / 209 DTR 182 (SMC) (Jaipur)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating documents found-No assessment was pending-long term capital gains-Addition is not justified. [S. 45, 143(3)]

Brij Kishore Kochar v. ACIT (2022)93 ITR 64 (SN) (Delhi)(Trib.)