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 refunds-Order passed giving effect to the order of the CIT(A)-Order of Tribunal quashing the revision order is affirmed-SLP of Revenue is dismissed. [S. 244A, Art. 136]
PCIT v. Bank of Baroda (2024) 300 Taxman 266 (SC) Editorial : PCIT v. Bank of Baroda(2023) 294 Taxman 455 /333 CTR 835 (Bom)(HC)
S. 260A : Appeal-High Court-Circulars-Monetary limits-Commissioner-Revision of orders prejudicial to revenue-Tax liability in revenue appeal was below Rs. 1 crore, in view of Circular No. 5/2024, dated 15-3-2024 appeal is not maintainable before High Court. [S. 263, 268A]
PCIT v. Bhupendra Sharma (HUF) (2024) 300 Taxman 615 (All.)(HC)
S. 260A : Appeal-High Court-Review petition-First review petition was dismissed, benefit of authority in case of Khoday Distilleries Ltd v. Mahadeshwara Sahakara Sakkare Karkhane Ltd(2019) 262 Taxman 279 (SC) would not be applicable to facts-Second review petition was also to be dismissed.
Garden City Education Trust v. Dy. CIT (E) (2024) 165 taxmann.com 463 (Karn)(HC) Editorial : SLP against dismissal of review petition is dismissed, Garden City Education Trust v. Dy. CIT (E) (2024) 300 Taxman 594 (SC)
S. 260A : Appeal-High Court-Review petition before High Court which was dismissed as withdrawn without any liberty-SLP against order of High Court which was also dismissed-Another Review petition is also dismissed-SLP is dismissed. [Art. 136]
Garden City Education Trust v. Dy. CIT (E) (2024) 300 Taxman 594 /341 CTR 913 / 244 DTR 193(SC) Editorial : Garden City Education Trust v. Dy. CIT (E) (2024) 165 taxmann.com 463 (Karn)(HC), affirmed.
S. 254(1) : Appellate Tribunal-Powers-Ex parte order by the Tribunal-Un explained cash credits-Negligent of the Chartered Accountant to make effective representation before the Tribunal-Negligence was not attributable to assessee,-Matter is restored before Tribunal to give an opportunity of hearing-Directed to deposit cost of Rs 25000 before the Tribunal.[S. 68, 260A]
Desert Infraspace (P.) Ltd. v. ITO (2024) 300 Taxman 406 (Guj.)(HC)
S. 268A : Appeal – Monetary limits – Less than Rs.1 crore – Appeal of Revenue is dismissed – Contribution to construction of new bridge – Capital of revenue .[ S.37(1), 260A ]
CIT v. Velingkar Brothers [2020] 114 taxmann.com 727 (Bom)( HC)
S. 158BC : Block assessment – No assessment could be made under section 158BC without issuing a notice u/s. 143(2) .[ S.143(2), 260A ]
CIT v. Sodder Builder & Developers (P.) Ltd. [2020] 115 taxmann.com 251 (Bom)( HC)
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -Stacking and handling expenses – Blending and screening charges to its sister concern – Order of Tribunal deleting the disallowance is affirmed .[ S. 260A ]
PCIT v. Ajit Ramakant Phatarpekar [2021] 277 Taxman 543 /[2020] 429 ITR 319 (Bom) (HC)
S.147: Reassessment – After the expiry of four years – No failure to disclose material facts – Year of taxability – Mercantile system of accounting –Reassessment notice and order disposing the objection is set aside . [ S.5, 145, 148 , Art. 226 ]
Chowgule & Co. (P.) Ltd. v. JCIT [2023] 147 taxmann.com 286 (Bom)( HC)
S.147: Reassessment – After the expiry of four years – No failure to disclose material facts – Year of taxability – Mercantile system of accounting –Reassessment notice and order disposing the objection is set aside . [ S.5, 145, 148 , Art. 226 ]
Chowgule & Co. (P.) Ltd. v. JCIT [2023] 147 taxmann.com 286 (Bom)( HC)