S. 154 : Rectification of mistake-Penalty-failure to file return-Two views possible-Rectification is not permissible. [S. 139(1), 139(4), 271F]
S. 154 : Rectification of mistake-Penalty-failure to file return-Two views possible-Rectification is not permissible. [S. 139(1), 139(4), 271F]
S. 154 : Rectification of mistake–Limited scrutiny-Fair market value of property-Reference to departmental valuation officer-Not obtaining the approval of competent authority–Rectification proceedings is held to be invalid. [S. 143(1)]
S. 153C : Assessment-Income of any other person-Search-Six Assessment years to be considered with reference to date of handing over of assets or documents to AO of Assessee-AO initiating proceedings only for AY. 2006-07 to 2011-12,instead of AYs 2008-09 to 2013-14-Assessment order is not valid.
S. 153C : Assessment-Income of any other person-Search-Addition only on basis of Pen Drive seized from third party-Department failing to establish any connection either business or personal of assessee with third party-No efforts to summon third party-No Incriminating material found during search-Addition is not valid. [S. 68, 132]
S. 153A : Assessment–Search-No incriminating material found-Concluded assessments for year earlier to year of search not permissible-Binding precedent-Pendency of Special leave or dismissal of special leave cannot be ground for not following the Delhi High Court decision. [s. 132]
S. 153A : Assessment–Search-No incriminating material found-Addition is held to be not justified-Noting and jotting on loose sheet of papers–Addition is held to be not valid. [S. 69C]
S. 151 : Reassessment-Sanction for issue of notice-Approval granted in mechanical manner and without application of mind-Reopening is not valid. [S. 147, 148]
S. 148 : Reassessment–Notice–Reply stating that original return filed should be treated as return filed in repose to notice u/s. 148-Postal receipt is filed–Neither notice u/s. 143(2) is issued nor assessment completed u/s. 144 of the Act nor interest charged u/s. 234A–Reassessment is held to be not valid. [S. 139, 143(2), 144, 147, 234A]
S. 147 : Reassessment-Reason to be believe-Securities premium account–Merely on the basis of information received by another AO based on appraisal report of A group-Reassessment cannot be made. [S. 148]
S. 147 : Reassessment-Falsification of accounts–Statement of chairman–Un explained loans–Interest-Reassessment is held to be valid–Order of CIT(A) is affirmed. [S. 2(22)(e), 148]