S. 68 : Cash credits -Share application – The assessees has filed balance sheet confirmation etc, addition cannot be made merely on suspicion , if AO has any doubt he should make enquiry with lenders bank etc .
S. 68 : Cash credits -Share application – The assessees has filed balance sheet confirmation etc, addition cannot be made merely on suspicion , if AO has any doubt he should make enquiry with lenders bank etc .
S. 37 (1) : Business expenditure – Provision for deficiency in service – Ascertained liability – Profits chargeable to tax – Remission or cessation -Addition cannot be made. [ S.145 ]
S. 2(22)(e):Deemed dividend- Trade discount – Agents’ deposit – Regular business transactions cannot be assessed as deemed dividend .
S. 158BC : Block assessment -Statement u/s 132(4) can be used against the assessee only if the statement has relevance to any incriminating document or material found during course of search -Block assessment is held to be bad in law.[ S. 132(4) ]
S. 68 : Cash credits -Share application-Investors have complied with details u/s 133(6) and the summons was not issued to the investors though request was made by the assessee, addition was held to be not justified . [ S. 131,133(6) ]
S.147: Reassessment -In the notice u/s 143(2) earlier assessment year is mentioned , the said notice cannot be said to be in valid [ S.143(2), 148 ]
S.69: Unexplained investments –Family settlement- Sale deed showed cash consideration was paid therefore addition as unexplained investment was held to be justified .
S.45: Capital gains- Family settlement – As per the will the assessee was not entitle to receive any property. As the assessee had no right title in the property accordingly the some received towards one time settlement cannot be assessed as capital gains . However the amount received by the assessee requires verification hence the matter was remanded .[ S.2(47) ]
S. 12AA : Procedure for registration –Trust or institution- Bogus donation – Merely on the basis of information received from Investigation Wing without supplying the copy to the assessee , cancellation of registration is held to be bad in law . [ S.12A,35(1)(iii) , 80G ]
S. 253 : Appellate Tribunal – Unexplained investments – Remand report- Strictures-Once the AO was satisfied in the remand proceedings and did not oppose not controverted the documents filed by the assessee, he cannot be said to be aggrieved by the Order passed by the CIT(A) considering his own remand report.Merely on account of change of the AO, presumably the incumbent cannot be allowed to file appeals willy nilly. Such rampant careless behaviour shakes the public trust and faith reposed in the authority of the AO to act fairly and impartially . [ S. 69C,251 ]