S. 251 : Appeal-Commissioner (Appeals)-Power of enhancement Not competent to enhance assessment by taking an income which income was not considered expressly or by necessary implication by AO. [S. 45, 54F, 68, 147]

S. 251 : Appeal-Commissioner (Appeals)–Duties-CIT (A) has to pass a speaking order after appreciation of facts–Matter remanded. [S. 5]

S. 194B : Deduction at source-Winning from lottery–Lucky draw price coupons-Gratuitous distribution without any price being paid by customers-Not lottery–Not liable to deduct tax at source . [S. 2(24 ) (ix), 115BB]

S. 159 : Legal representatives – Assessment-Assessee is not the legal heir of the deceased – Assessment is held to be bad in law .[ S.142(1), Hindu Succession Act, 1956,S 8, 15 ]

S. 68 : Cash credits–AIR information-TDS difference and reconcile income–Addition cannot be made as cash credits. [S. 194J Form, 26AS]

S. 68 : Cash credits–Share transactions–Accommodation entries-Unaccounted money-denial of exemption is held to be justified. [S. 10 (38), 45]

S. 54F : Capital gains-Investment in a residential house–Payments towards purchase of house property-Deduction is available up to date of filing of return of income prescribed u/s. 139(4). [S. 45, 139(1), 139(4)]

S. 54F : Capital gains-Investment in a residential house–Purchase of flat from builder-Date of allotment to be taken as date of acquisition of property-House consisted of several independent units–Exemption cannot be denied–New house need not be purchased exclusively in the name of the assesee-Invested prior to date of filing of return u/s. 139(4)–Eligible for exemption. [S. 45, 139(1), 139(4)]

S. 54EC : Capital gains-Investment in bonds-Transferable Development Right (TDR)-Acquisition of immovable property is capital asset-Period of holding of TDR was to be calculated from date of acquisition of assessee’s property by municipality. [S 2(14), 43(5), 45, 48].

S. 45 : Capital gains-Taxable in the hands of owner and not in the hands of General Power of Attorney holder. [S. 2(47)]