S. 254(1) : Appellate Tribunal – Duties- Reassessment —Tribunal reversing decision of Commissioner (Appeals) without cogent reasons — Order of Tribunal is held to be not valid. [S. 147]
S. 254(1) : Appellate Tribunal – Duties- Reassessment —Tribunal reversing decision of Commissioner (Appeals) without cogent reasons — Order of Tribunal is held to be not valid. [S. 147]
S. 254(1) : Appellate Tribunal–Duties-Reversal of findings of fact of Assessing Officer by Tribunal without recording reasons and also not deciding the cross appeal filed by the department- Matter remanded to Tribunal for fresh adjudication. [S. 80IB]
S. 195 : Deduction at source-Non-resident-Payment for technical services rendered outside India–Amendment with retrospective effect from 1-4-1962- Not liable to deduct tax at source. [S.9(1)(1) (vii)]
S. 147 : Reassessment—Notice issued based on overruled judgment is illegal and improper. [S. 43D, 148]
S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts- Reassessment is bad in law. [S. 148]
S. 92C : Transfer pricing–Arm’s length price–Comparable- Working capital adjustment–Question of fact–No substantial question of law. [S. 260A]
S. 68 : Cash credits—Credit entries in bank account is not explained satisfactorily–Genuineness of transaction is not proved -Order of Tribunal confirming the addition is held to be justified. [S. 69A]
S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Liability continued to be shown in balance-sheet — Addition cannot be made as deemed income.
S. 36(1)(vii) : Bad debt–Sums written off in books of an assessee is sufficient to claim the bad debt and assessee is not required to prove the recoverability of debt.
S. 36(1)(va) : Any sum received from employees–EPF-ESI-Contribution from employees has to be paid within due date as per particular enactment-Disallowance is held to be justified. [S. (2924)(x), 43B]