S. 271(1)(b) : Penalty-Failure to comply with notices–Penalty is upheld based on assessee’s conduct and failure to comply with statutory notices but deleted the penalty for five years in the interest of justice. [S.132, 142(1)]
S. 271(1)(b) : Penalty-Failure to comply with notices–Penalty is upheld based on assessee’s conduct and failure to comply with statutory notices but deleted the penalty for five years in the interest of justice. [S.132, 142(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Share capital – share premium-AO conducted detailed inquiry–Revision is held to be not valid. [S. 68, 133(6)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Orders shall be passed without being influenced by any of the observation made or finding rendered by the Single Judge.
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision by CIT on the ground of over-valuation of shares of assessee for buy-back purposes—Directing the assessee to file necessary objections to the show-cause and such reply shall be considered by meeting out each and every objections raised, on merits and in accordance with law. [S. 92CA]
S. 254(1) : Appellate Tribunal-Responded can depend the grounds, though no appeal id filed–Search and seizure–Jurisdiction issue. [S. 132, 153A, ITAT R. 27]
S. 254(1) : Appellate Tribunal-Remand Assessment-Order giving effect-AO must comply the direction of the Tribunal. [S.2(8), 143(3), 250]
S. 250 : Commissioner (Appeals)-Additional evidence-Evidence cannot be admitted without affording an opportunity to AO to cross-examine. [S. 250, R. 46A]
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders–Denial of liability–Not confined only to the liability to be assessed u/s. 143(3) of the Act-Liability to pay tax u/s. 115Q is also appealable order–Alternative remedy is available-Writ is not maintainable. [S. 15QA, 143(3), Art. 226]
S. 234E : Fees under section 234E-Transaction where purchase of multiple flats is made through a single letter of allotment and separate TDS statement are filed–Not to be treated as single transaction–Levy of fees is held to be valid-Appeal against levy of fees under section 234E is maintainable before CIT(A). [S. 194IA, 200(3), 246A]
S. 206C : Collection of tax at source-Sale of scrap–Tax cannot be collected at source on those items which are capable of being used as such without any modification. [S. 206 (1)]