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-Cost of improvement-Freehold conversion charges stamp duty, etc-Revision was held to be not valid-Indexation erroneously taken at 852 instead of 785-Revision is held to be valid. [S. 45, 48]

Sanjay Majumdar v. PCIT (2021) 210 TTJ 137 / 199 DTR 17 (All.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Merger-Nationalised bank-CIT(A) has held that S. 115JB is not applicable to assessee-Revision is not valid-Deduction of bad debts-Order was passed after considering detailed submissions-Revision is not valid-Assessment made without reference to TPO-Revision order is valid. [S. 36(1)(vii), 36(1)(viia), 92CA, 115JB, 144C]

Bank of India v JCIT (2021) 210 TTJ 626 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Detailed questionnaire was issued by the Assessing Officer-Order cannot be said to be erroneous. [S. 143(3)]

PI Industries Ltd. v. PCIT (2021) 213 TTJ 686 / 206 DTR 73 (Jodhpur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Explanation was submitted on various issues during the course of assessment proceedings-Revision order was quashed.

Shree Maruti Nandan Guwar Gum (P) Ltd. v. PCIT (2021) 213 TTJ 65 (UO) (Jodhpur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Additional income disclosed in the course of survey-Land development expenses-Revision order is held to be not valid. [S. 133A]

Rudra Developers v. PCIT (2021) 213 TTJ 715 (Surat)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Sources of cash deposits-Verified in the proceedings u/s. 147-Revision was set aside. [S. 68, 147]

Mahabir Prasad Ajirma v. PCIT (2021) 213 TTJ 610 / 206 DTR 361 (Raipur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Payment to doctors-Consultation fees-No evidence brought on record to show that the payment was freebies-Expenses on exempt income-Submission was accepted by the Assessing Officer in the course of assessment proceedings-Revision is held to be not valid. [S. 14A, 37(1)]

SRL Diagnosties Ltd. v. PCIT (2021) 214 TTJ 929 (Mum.)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Trading loss-Rental income-Income from house property-Income from other sources-Specific query was raised during assessment proceedings-Revision was held to be not valid. [S. 22, 24, 28((i), 56]

Shree Balkrishna Commercial Co. Ltd. v. PCIT (2021) 214 TTJ 1057 / 63 CCH 515 / 208 DTR 425 (Delhi)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Exemption on sale and purchase of agricultural lands-Revision was held to be not valid-Lack of opportunity-Fresh opportunity of passing the order after giving the assessee an opportunity of hearing cannot be given-Order was quashed. [S. 2(14)(iii), 54B]

Ramdev Mandhani (HUF) v. ITO (2021) 214 TTJ 1024 / 208 DTR 438 (Raipur)(Trib.)

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Nature and source of deposits examined during assessment proceedings-Order cannot be held as erroneous-Order is set aside [S. 143 (3)]

Ram Bharos Shashi v. ITO (2021) 214 TTJ 9 (UR) / 63 CCH 373 (Jodhpur)(Trib.)