S. 148 : Reassessment – Notice – Where notice for reopening issued by AO prior to approval by CIT, the reassessment is bad in law [ S.147 ]
S. 148 : Reassessment – Notice – Where notice for reopening issued by AO prior to approval by CIT, the reassessment is bad in law [ S.147 ]
S. 148: Reassessment – Time Limit for issue of notice – Reopening notice invalid once the time limit to reopen has expired.[S.147 , 149(1)(b), 150, 250 ]
S.143(3) : Assessment -Natural justice – Case remitted back as principles of natural justice were violates and opportunity of cross examination not given. [ S.131 ]
S. 143(2) : Assessment – Notice – If the notice was not served upon a person authorised to receive it, the notice cannot be said to be validly served and consequently the assessment is void. [ S.282(1)]
S. 115JB : Book profit – Deduction of provision for card receivables written back not added in computation of Book Profits in the year of provision-Entitle to deduction of write back while computing he book profit.
S. 92C: Transfer pricing – Comparables – Assessee is not barred in law from withdrawing from its list of comparables during assessment which were included by the assessee during benchmarking.
S. 68 : Cash credits – Credit entry in bank account of third party- Credit cannot be treated as undisclosed income in absence of evidences corroborating statement of parties .[ S.131 ]
S. 55 : Capital gains – Capital receipt -Cost of improvement – Cost of acquisition – ‘Know-how under development’ does not created a right – If the know-how is not registered, no rights are conferred – Cost of acquisition of will be not ascertainable-As computation mechanism fails, capital gains will not be chargeable.[ S. 35, 41(3) ,45, 55(2)(a) ]
S. 37(1) : Business expenditure – Disallowance of part of employee benefit expenses is held to be not justified.
S. 37(1) : Business expenditure – Ad hoc disallowance- Promotion expenses- Disallowance on Ad hoc basis is held to be not valid – . Disallowance of part of Salary and wages is held to be not justified .