S. 183 : Scheme-Composite declaration for several years—Condition laid down in scheme is fulfilled in respect of some of years—Entitled to benefit of scheme for those years—Self-assessment tax and advance tax is not adjustable against amounts due under scheme- Appeal will be entertained without raising the issue of limitation if the appeals are filed latest by April 30, 2019. [S. 246A]
S. 234E : Fee-Default in furnishing the statements- The provisions of the Act imposing a fee for delayed filing of the statement of tax deducted at source are not ultra vires the provisions of the Constitution-Interpretation in favour of constitutionality of provision. [Art. 226]
S. 153A : Assessment – Search- Assessment not dependent on recovery of incriminating material during search in respect of pending assessment-Provision of S. 153A is a non obstacle clause having overriding effect over sections 139, 147, 151, 153 and 158 of the Act. [S. 147, 151, 153, 158]
S. 145 : Method of accounting -Interest on hire purchase transactions—Bifurcation of principal and interest components -Change in accounting method in books of account does not alter position in taxation. [S. 4]
S. 142(2A) : Inquiry before assessment–Special audit–Genuine attempt by Assessing Officer to understand nature of Assessee’s business and method of accounting-Principles of natural justice not violated-Order for Special Audit is justified.
S. 115AC : Capital gains-Bonds–Global Depository-Foreign currency-Transfer of Shares covered by scheme—Computation of capital gains to be made under provisions of scheme—Subsequent Amendment of provisions in Income-tax Act is not applicable. [S.47(x), 49(2A), 264, Foreign Currency Exchangeable Bonds Scheme, 2008]
S. 92CA : Reference to transfer pricing officer-Transfer Pricing-Jurisdiction of Transfer Pricing Officer-In specified domestic transactions Transfer Pricing Officer has no jurisdiction unless specific reference is made to him by Assessing Officer-High Court can consider issue of jurisdiction though alternative remedy is available. [Art. 226]
S. 80IA : Industrial undertakings–Infrastructure development-Contractor or transferee approved by concerned authority- Entitled to deduction.
S.68: Cash credits-Firm-Partner-First year of business-Credible materials produced by partners–Addition cannot be made in the assessment of firm.
S. 54 : Capital gains-Profit on sale of property used for residence–invested in multiple properties in different locations and in prescribed securities within stipulated time-Entitle to exemption- Amendment with effect from 1-4-2015 restricting exemption to “One Residential House in India” is not retrospective. [S. 45]