S. 271(1)(c) : Penalty–Concealment–Advance tax shown as expenses–Appropriation of profits shown as loss-Levy of penalty is held to be justified for concealment of income and furnishing of inaccurate particulars of income.
S. 271(1)(c) : Penalty–Concealment–Advance tax shown as expenses–Appropriation of profits shown as loss-Levy of penalty is held to be justified for concealment of income and furnishing of inaccurate particulars of income.
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Immunity from penalty—Explaining manner in which undisclosed income derived-Paying tax and interest–Deletion of penalty is held to be valid.[S. 132(4)]
S. 264 : Commissioner-Revision of other orders-Hosing projects- Failure to claim deduction in return-Commissioner cannot grant the deduction in revisional jurisdiction by virtue of S.80A(5) of the Act. [S. 80A(5), 80IB(10)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Lack of application of mind to return and documents filed by assessee and failure to conduct enquiry-Revision is held to be valid.
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Initial assessment year-Claim was accepted without proper enquiry–Reassessment is valid. [S. 80IC, 143(3)]
S. 260A : Appeal-High Court–Merger of order–Composite order being questioned before the court was rejected earlier-Appeal is held to be not maintainable. [S. 32(2), 72, 254(2)]
S. 254(1) : Appellate Tribunal–Duties-Tribunal denying Deduction without giving an opportunity to be heard-Matter remanded. [S. 80P(2), 80P(4)]
S. 244A : Refunds–Interest on refunds-Appellate Tribunal directing Assessing Officer to calculate interest based on Supreme Court and High Court Decisions-Assessing Officer cannot traverse beyond scope of such order-Existence of alternative remedy is not bar to exercise of writ jurisdiction when the order is passed is bad in law and when authority exceeds his jurisdiction. [Art. 226]
S. 244A : Refunds–Interest on refunds-Amount seized–Shown as advance tax-Return accepted-Entitled to interest. [S. 132B(4)]
S. 226 : Collection and recovery-Modes of recovery -Property of guarantor given as collateral to bank-Secured creditor has priority of charge over income-tax dues-Order of attachment by tax recovery Officer is set aside. [Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S. 13(2), 25(E) , Art. 226]