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-Interest on borrowed capital-Order was passed after due verification-Sale of land-Variation with in tolerance limit of 15 per Cent-Revision order was quashed. [S. 36(1(iii), 50(C), 143(3)]

Ashokkumar Govindbhai v. ITO (2021) 90 ITR 262 (Ahd.)(Trib.)

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Order of Supreme Court extending limitation for purposes of all laws-Miscellaneous application filed on 28-9-2020 was admitted as filed within extended due date-Glaring and patent mistakes-Tribunal order was recalled and matter was directed to be heard afresh.

Shiv Edibles Ltd. v. ACIT (2021) 90 ITR 669 (Jaipur)(Trib.)

S. 194C : Deduction at source-Contractors-Advertisement-Liable to deduction u/s. 194C and not u/s. 194J-Lease rent-Failure to deduct tax at source on rent-Matter remanded. [S. 194J, 201(1), 201(IA)]

Perfect Probuild P. Ltd. v. Dy.CIT (2021) 90 ITR 25 (SN) (Delhi) (Trib.)

S. 154 : Rectification of mistake-Excess deduction-Merits of issue could not be adjudicated in rectification proceedings-Deduction allowed while giving effect to the order of Tribunal-Withdrawal of deduction granted earlier on the basis of judgement of Supreme Court decision-Debatable-Order of Rectification is held to be nor valid. [S. 14A, 36(1)(vii), 147]

Union Bank of India v. Dy.CIT (LTU) (2021) 90 ITR 55 (SN) (Mum.)(Trib.)

S. 154 : Rectification of mistake-Accumulation of 15% of gross receipts-Assessing Officer issuing intimation considering net revenue-Mistake apparent on record-Ought to have rectified. [S. 11(1)(a), 143(1)]

Bellary Educational Services Trust v. Dy. CIT(E) (2021) 90 ITR 94 (SN) (Bang.)(Trib.)

S. 154 : Rectification of mistake-Excise duty refund Capital receipt-Capital subsidy liable to be excluded-Failure to consider subsequent judgement Supreme Court or Jurisdictional High Court-Mistake apparent from record. [S. 4, 115JB]

B. R. Agrotech Ltd. v. ACIT (2021) 90 ITR 77 (SN) (Delhi)(Trib.)

S. 153B : Assessment-Search-Time limit-Assessment was initiated after amendment-Period of one year available-Assessment is not barred by limitation. [S. 132, 153B, Expln.(viii)]

ACIT v. Parminder Singh Kalra (2021) 90 ITR 419 (Delhi)(Trib.)

S. 153A : Assessment-Search or requisition-No incriminating material was found-Assessment not sustainable-Sales tax subsidy-Capital receipts-Not to be reduced from Book profits. [S. 4, 115JB, 132]

JSW Steel Ltd. v. Dy.CIT (2021) 90 ITR 28 (SN) (Mum.)(Trib.)

S. 153A : Assessment-Search or requisition-No notice u/s. 143(2) was issued after filing of return-Assessment was not invalid-Commissioner being supervisory authority, can issue administrative direction to Assessing Officer-Un explained investment-Addition can be made only in the year in which the investment was made-Assessing Officer cannot make the addition in the year of his choice-Swiss Bank-Base sheet-Authenticity of information not established-Addition as unexplained investment and addition on deposit is held to be not sustainable-Completed assessment-No addition can be made in the absence of incriminating material found in the course of search-Merely on the basis of statement u/s 132(4), addition cannot be made-Marriage expenses-Withdrawal from bank-Deletion of addition is held to be justified. [S. 69, 132, 143(2), 153D]

ACIT v. Parminder Singh Kalra (2021) 90 ITR 419 (Delhi)(Trib.)

S. 147 : Reassessment-Accommodation entries-Reasons supplied was not the same reason recorded-Reopening of assessment was held to be not sustainable. [S. 148]

Jansampark Advertising and Marketing P. Ltd. v. ITO (2021) 90 ITR 32 (SN) (Delhi)(Trib.)