S. 36(1)(iii) : Interest on borrowed capital – Deletion of interest disallowed in reassessment where disallowance under assessment was made and the majority of the interest free advances were given at the end of the year. [ S.147, 148 ]
S. 36(1)(iii) : Interest on borrowed capital – Deletion of interest disallowed in reassessment where disallowance under assessment was made and the majority of the interest free advances were given at the end of the year. [ S.147, 148 ]
S. 36(1)(iii) : Interest on borrowed capital – Sufficient own funds -Interest cannot be disallowed.
S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot be made in absence of exempt income . [ R.8D ]
S. 11 : Property held for charitable purposes – Object of general public utility – Activity for planned urban development is not hit by proviso to section 2(15)- Entitled to exemption .[ S.2(15) ,12A ]
S. 10(33) : Capital asset –Tax avoidance- Loss on redemption of units – Short term capital loss is allowed to be set off – Denial of exemption on dividend is held to be not valid. [ S.2(14) , 94(7) ]
General Sales tax (GST)
Doctrine of promissory estoppel- New Package Scheme of incentives, 1993 – The eligibility for sales-tax exemption cannot be withdrawn under General Sales tax (GST) [ Art. 39(b) 39(c) ]
S. 252 : Appellate Tribunal – Departmental promotion (DPC) – Assistant registrar – The Dept is expected to follow up the proposals to fill up the posts of Assistant Registrars in such quota as well as for issuing promotions for the posts of Deputy Registrars so that all these pots to the extent possible can be filled up at the earliest .
S. 153A : Assessment – Search- Even if search happens in case of assessee, the AO cannot initiate proceedings u/s 153A if incriminating material is found during search of other person- Proceedings should be initiated u/s 153C and failure to do so renders the addition in the s. 153A assessment void-ab-initio. [ S.153C ]
S. 148 : Reassessment – Notice- Mere issue of a notice is not sufficient – service of notice is essential – If the postal authorities return the notice unserved, the Dept has to serve under Rule 127(2) using one of the four sources of address (such as PAN address, Bank address etc). The failure to do so renders the reassessment proceedings invalid.[ S. 127, 147, 149, 282 Rule, 127 ]
S. 45: Capital loss- Long term capital gains- Long term capital loss – Set -off is allowed against taxable income .[ S.(2(14) ,2(39A)10 (38 ), 45, 70 , 71,72,74 ]