S. 143(3) : Assessment-Form 26AS-Merely on the basis of information form 26AS submitted by the deductor, addition cannot be made, as the assessee had no control over inputs made by the deductor. [ S. 4]
S. 143(3) : Assessment-Form 26AS-Merely on the basis of information form 26AS submitted by the deductor, addition cannot be made, as the assessee had no control over inputs made by the deductor. [ S. 4]
S. 71 : Set off of loss-One head against income from another-Assessee has the option to set off business loss against capital gains – It is not mandatory. [S. 71(3), 80]
S. 69B : Amounts of investments not fully disclosed in books of account –Undisclosed investments- Excess stock-Mismatch in quantity of stock- Reconciliation filed with District Supply Officer was accepted -Addition is held to be not justified.
S. 69B : Amounts of investments not fully disclosed in books of account –Capital accounts -Books of account – Firm -Partner -Share in partnership was not included in the books of account- Difference was explained – Addition was held to be not justified.
S. 69 : Unexplained investments-Foreign remittances-From a foreign bank, as a result of disbursements from a family trust-Addition is held to be not justified.
S. 68 : Cash credit-Gift from father–Failure to bring on record any material evidence to prove creditworthiness and capacity of his father to advance huge amount of cash gift from any known source of income-Addition is held to be justified [S. 56(2)(viic)]
S. 68 : Cash credit-Credit entry in capital account-Maintenance of one set of accounts for himself, as an individual and other set of accounts for his sole proprietorship concern is valid – Capital introduced cannot be added as cash credit when proper explanation is furnished.
S. 68 : Cash credits-Share premium -Equity shares and preference shares stand on different footing and thus, net asset value method could not be used in case of preference shares to compute excess share premium charged on those shares so as to make addition as cash credits.
S. 54F : Capital gains-Investment in a residential house-Purchase of new residential house within due date specified under S. 139(4) from date of transfer of original asset- Entitle to exemption. [S. 45, 54F(4), 139(4)]
S. 54F : Capital gains-Investment in a residential house -Depreciable asset-Exemption is available even on short-term capital gains calculated on sale of depreciable assets held for more than 36 months. [ S. 2, 42(A), 45, 50]