S. 263 : Commissioner – Revision of orders prejudicial to revenue – Method of accounting construction contract – Completion method – Allocation of expenses -Accounting standard AS-7 – Revision is held to be not justified .
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Method of accounting construction contract – Completion method – Allocation of expenses -Accounting standard AS-7 – Revision is held to be not justified .
S. 251 : Appeal – Commissioner (Appeals) – Powers – Order passed with in month of conclusion of hearing , though dispatched after 3 months cannot be said to be null and void .
S. 54 : Capital gains – Profit on sale of property used for residence -Purchase of two adjacent flats – Could be treated as one residential house – Matter remanded for verification .[S.45 ]
S. 2(12) : Beneficial Owner-Provisional attachment-Return of money on cancellation of order–Appellant cannot be held to be beneficial owner – Attachment of bank account was set aside. [S. 2(9), 24]
S. 271D : Penalty–Takes or accepts any loan or deposit-Otherwise than by account payee cheque or account payee bank draft– Journal entries–Transaction bonafide–Not liable penalty.[S.269SS, 269T].
S. 268A : Appeal–Low tax effect-Entire tax effect being less than a sum of Rs. 2 lakhs, appeal filed by revenue was dismissed. [S.260A]
S. 254(1) : Appellate Tribunal–Powers-Remand to CIT(E) is held to be proper. [S.12A, 80G(5)]
S. 252 : Appellate Tribunal–Members–Qualification–Appointment-Process of selecting only few applicants for purposes of interview, while rejecting others without any intelligible differential being applied in classification was not discriminatory and violative of article 14 of Constitution. [Income-Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963, R. 4]
S. 244A : Refund–Interest on refunds–Claim was made first time before Tribunal-Claim was allowed in remand proceedings by CIT (A)-Refund order was not delayed for any period attributable to assessee, Tribunal is justified in allowing interest to assessee. [S. 244A(1)]
S. 234B : Interest-Advance tax–Book profit-Failure to deposit advance tax in respect of tax payable under section 115JB, matter required an in-depth hearing and, therefore, appeal be listed as per its turn. [S. 115J]