S. 153A : Assessment – Search-When there was no search proceedings against the assessee , assessment made in consequence of notice issued under section 153A, is invalid and void ab initio . [ S. 69,132 ]
S. 153A : Assessment – Search-When there was no search proceedings against the assessee , assessment made in consequence of notice issued under section 153A, is invalid and void ab initio . [ S. 69,132 ]
S. 153C : Assessment – Income of any other person – Search – Illegal payments -Addition made on the basis of third party statement who have retracted and without giving an opportunity of cross examination initiation of proceedings was held to be not valid [S.132 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Scientific research – Revision was held to be justified and the direction given by the CIT was modified allowing the AO to examine the claim [ S. 35(1)]
S. 254(1): Appellate Tribunal- Additional ground- Failure to deduct tax at source- Issue which was not contested before the CIT(A) , it is open to the assessee to challenge the disallowance first time before the Tribunal, additional ground was admitted and matter was remanded to the file of AO for adjudication on merits. [ S. 40(a)(ia), 44AB,194A,194I, Art. 265 ]
S.92C:Transfer pricing –Arm’s length price – Variation in closing stock in order to compute operating cost was not considered hence adjustment was held to be not valid .
S. 69C : Unexplained expenditure -Seized papers- Merely on the basis of seized papers addition cannot be made when the assessee has not purchased any land from persons mentioned in the seized documents [ S. 132 ]
S. 56: Income from other sources – Purchase of property from a company wherein the assessee is also director can not be assessed as income from other sources , as the amendment to assess difference arising out of stamp duty value and actual sale consideration as income in case of sale of property for a consideration less than stamp duty value of property was incorporated into statute by Finance Act, 2013 with effect from 1-4-2014[ S. 56(2)(vii) ]
S. 50B : Capital gains – Slump sale –Cost of acquisition- Transfer of its business division to its subsidiary against shares and debentures is not a slump sale but exchange hence provision would not be applied .[ S.2(42C), 45 ]
S. 45 : Capital gains – Stock in trade -Transfer of land to developer for construction of commercial complex and letting the flats which it got from developer and offering the income as rental income , subsequent sale of flats was held to be assessable as capital gains and cannot be assessed as business income by applying the provision of S. 45(2) of the Act . [ 28(i), 45(2)]
S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Repayment of debt to group concern and expenditure was not debited in profit and loss account, addition cannot be made .