S. 10 (23C): Educational institution- charitable trust – Entitle to exemption .[ S.2(15) ,10(23C)(iv) , 12AA ]
S. 10 (23C): Educational institution- charitable trust – Entitle to exemption .[ S.2(15) ,10(23C)(iv) , 12AA ]
S. 279 : Offences and prosecutions–Sanction-Chief Commissioner –Wilful attempt to evade tax–Non-technical offence–False statement in verification- Reduction of penalty by CIT (A)-Prosecution cannot proceed–Compounding of offences-Application for compounding to be considered by committee specified in circular–DGIT has no jurisdiction to reject the application. [S. 119, 120, 276C(1), 273B, 277, 279(IA), 279(2), Art.141]
S. 271(1)(c) : Penalty–Concealment–Notice–Not specifying the charge – Defects could be rectified–Notice is not invalid–Writ to quash the notice is held to be not maintainable. [S. 292B, Art.226]
S. 250 : Appeal-Commissioner (Appeals)–Procedure–It is statutorily imperative to give a personal hearing while disposing of an appeal-Ex-parte order passed by CIT(A) confirming the addition is set aside. [Art. 226]
S. 245D : Settlement Commission–Bogus share capital and share premium-Failure to make full and true disclosure with regard to undisclosed income by way of bogus share capital and share premium and also manner of earning such income- Settlement Commission is justified in rejecting settlement application on such ground even at stage of passing of final order under 245D(4)-Limitation-Proceedings were pending from 26-2-2015 till 4-8-2016, said period was to be excluded while calculating limitation period for issuing notice under section 143(3) read with section 153A and after excluding above period, notice issued under said section was not time barred. [S. 132, 153A, 153B, 245C, 245D(4), 245HA]
S. 226 : Collection and recovery-Modes of recovery–Joint savings account with husband-TRO cannot issue notice to bank for marking said bank account for lien towards arrears of tax liability of her husband, without issuing a notice to assessee. [S. 226(3)(iii), Art.226]
S. 153C : Assessment-Income of any other person-Search Search prior to 1-6-2015-S.153C as amended W.E.F. 1-6-2015 is not applicable-Limitation-Notice issued for the assessment years beyond six assessment years would be beyond jurisdiction- Writ is maintainable. [S. 132, 153A, 153B, Art. 226]
S. 147 : Reassessment –With in four years-Transfer of leasehold rights- Allegation that the transaction is not genuine–No new material-Reassessment is held to be not valid. [S. 45, 56, 148]
S. 147 : Reassessment-Export business-No new material-Notice under direction of Commissioner-Reassessment is held to be not valid. [S. 80HHC, 148]
S. 147 : Reassessment–With in four years-Report of investigation wing showing over valuation of shares–Original assessment u/s. 143(1)–Notice on the ground of over valuation shares is held to be valid. [S. 143(1), 143(3), 148]