S. 220 : Collection and recovery-Assessee deemed in default– Stay –Society–Cash credits- Denial of exemption–Direction to pay only one percent of tax demanded as against 50% of disputed tax in dispute.[S. 68, 80P]
S. 220 : Collection and recovery-Assessee deemed in default– Stay –Society–Cash credits- Denial of exemption–Direction to pay only one percent of tax demanded as against 50% of disputed tax in dispute.[S. 68, 80P]
S. 194C : Deduction at source–Contractors-Up-linking Service Agreement-Payments made to Multi System Operators on account of channel carriage fees and other payments related to Up-linking charges and down-linking charges, Bandwidth and Air Time charges–Not in the nature of fees for technical services–Levy of penalty is held to be not valid.[S. 9(1)(vii), 194J, 221(1), 271C]
S. 147 : Reassessment–With in four years-Survey–Expenditure Failure to produce documents in the original assessment proceedings-Reassessment notice is held to be valid. [S. 133A, 148, Art.226]
S. 147 : Reassessment-After the expiry of four years- In absence of any failure on part of assessee to disclose fully and truly all material facts at time of assessment- Reassessment proceedings is held to be bad in law. [S. 80IA, 148]
S. 147 : Reassessment–After the expiry of four years-Failure to deduct tax deducted at source- Management consultancy fees- No omission or failure on assessee’s part to disclose all material facts relevant to original assessment proceedings- Notice for reassessment is held to be not valid. [S. 40(a)(ia), 194J, 195]
S. 92C : Transfer pricing–Arm’s length price–Comparables- Functional similarity- Merely because the assessee included an entity in list of comparbles would not bar the assessee from contending other wise before TPO- Order of Tribunal is affirmed. [S. 92B]
S. 80IB(10) : Housing projects-Complied all the conditions- Failure to complete the project attributable to the assesee-Entitle to deduction.
S. 69 : Unexplained investments-Undisclosed income- Immoveable property-Purchase consideration is alleged to be undervalued-Deletion of addition is held to be justified. [S. 158BC]
S. 68 : Cash credits–Share application money-Kolkata parties- Bank accounts in Delhi-Failed to discharge onus of establishing the genuineness of transaction and creditworthiness of investors/creditors-Only disclosed identity of investors, who too remained faceless despite notices to them-Addition is held to be justified. [S. 131, 133(6)]
S. 68 : Cash credits–Share capital-Share premium-Confirmation filed-Companies appeared before AO through a representative and made submissions in support of their investments-Deletion of addition is held to be justified.