S. 271(1)(c) : Penalty–Concealment-Inapplicable words in notice not struck off-Penalty order not specifying exactly under which limb penalty is levied-Penalty is held to be unjustified. [S. 274]
S. 271(1)(c) : Penalty–Concealment-Inapplicable words in notice not struck off-Penalty order not specifying exactly under which limb penalty is levied-Penalty is held to be unjustified. [S. 274]
S. 271(1)(c) : Penalty–Concealment–Survey–Surrender of income– No difference between returned income and assessed income– Penalty is not leviable–As regards non disclosure of rental income-Penalty is leviable. [S. 22, 133A]
S. 271(1)(c) : Penalty-Concealment-Sale of fixed asset-Slump sale-Amount not offered as income-Levy of penalty is justified-Not striking off relevant limb of notice–Reply filed in response to notice –Presumption is that the assessee has understood the notice. [S. 50B, 50C, 274]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Doctrine of merger-Revision on issues not subject matter of reassessment but pertaining to original assessment-Limitation would run from date of order of original assessment and not from date of order of reassessment-Revision barred by limitation. [S. 143(3), 147, 263(2)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Sequence of events such as sale, purchase and other consequential transactions not discussed by AO-Revision is held to be valid. [S. 54F]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Allowing depreciation at 100% and allowance of finance cost which is attributable to period prior to commencement of business-Revision is held to be valid. [S. 32, 37(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue– Limited scrutiny–AO is bound to make prima facie enquiry– Revision is held to be valid–Capital or revenue-On merit foreign exchange loss for acquiring capital asset is held to be allowable as revenue expenditure. [S. 43(1), 143(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Lack of enquiry and non application of mind–Revision is held to be valid – Repayment of brought forward loan–Revision is held to be not valid–Revision is up held partially. [S. 2(22)(e), 43B, 68]
S. 254(2A) : Appellate Tribunal–Stay-Garnishee notices-Department should wait till disposal of stay petition-Interim stay is granted and garnishee proceedings placed under suspension till disposal of stay petition. [S. 226(3), 254(1)]
S. 253 : Appellate Tribunal–Monetary limits-Tax effect less than prescribed limit-Appeal is not maintainable. [S. 268A]