S. 132(4) : Search and seizure-Statement on oath–Evidentiary value–Retraction-Statement cannot be discarded merely on ground that it was retracted. [S. 131, 132, 133A]
S. 132(4) : Search and seizure-Statement on oath–Evidentiary value–Retraction-Statement cannot be discarded merely on ground that it was retracted. [S. 131, 132, 133A]
S. 127 : Power to transfer cases–Transfer for purposes of co-ordinated investigation-Mode of investigation need not be disclosed-Notice to transfer implies that both the Commissioners are in agreement–Manner of agreement need not be recorded-Transfer is held to be valid–Writ is held to be not maintainable. [S. 127(2)(A), Art. 226]
S. 115JA : Book profit–Deduction u/s. 80HHC is to be allowed on the basis of book profits and not on the basis of eligible profits under S. 80HHC. [S. 80HHC]
S. 80IB(10) : Housing projects-One of the unit constructed exceeded the upper limit-Deduction cannot be denied to entire housing projects – Exemption is not allowable only in respect of the unit exceeded the prescribed limits.
S. 80HHC : Export business–Supporting manufacturer-Supporting manufacturer is at par with actual direct exporter of goods when it comes to deductions that are available-Remanded the matter back to Tribunal for fresh adjudication. [S. 28(iiid)]
S. 69C : Unexplained expenditure-Income from undisclosed sources-Bogus purchases–Bhanvarlal Jain group-Hawala concern-Addition cannot be made of entire purchases based on the report of Investigation wing–When sales are accepted purchases cannot be rejected-Estimate of profit of 3% of bogus purchases–Held to be justified–Appeal of revenue is dismissed-No question of law. [S. 260A]
S. 69A : Income from undisclosed sources-Cold storage-No purchase and sale of products-Deletion of addition is held to be justified.– Cash in hand in books of account was found to be more than actual cash found during search- No addition can be made as cash credits [S.68, 132, 153A, U.P. Regulation of Cold Storage Act, 1976]
S. 69 : Unexplained investments-Use of five credit cards-Failure to prove credit entries–Addition is held to be valid. [S. 131, 260A]
S. 68 : Cash credits-Peak credit theory–Hawala transactions-Money laundering can be for oneself-Refusal to divulge details of persons from whom money was distributed–Entire amount to be added as income on basis of peak credit theory-Estimation of commission again at 2% as alleged commission shall be only on the amounts deposited, other than the incremental peak credit adopted for each year-Appeal is dismissed. [S. 69, 69A]
S. 68 : Cash credits-VDIS-Declaration of diamond jewellery-Sale of items after smelting – Weight of gold not disputed-Addition as cash credit is held to be not justified – Assessable as capital gains. [S. 45, VDIS 1997, S. 65]