S. 12AA : Procedure for registration–Trust or institution-Education-Coaching to IBBI aspirant students for examination preparation-Matter remanded for adjudication. [S. 2(15), 11]
S. 12AA : Procedure for registration–Trust or institution-Education-Coaching to IBBI aspirant students for examination preparation-Matter remanded for adjudication. [S. 2(15), 11]
S. 10(4) : Non-resident–Stayed in India for 283 days for taking up employment–Not entitle to exemption. [S.6, 10(14(iii), Foreign Exchange Management Act, 1999, S.2(v)]
S. 271(1)(c) : Penalty–Concealment–Order of Tribunal set aside the appeal to CIT(A) is held to be valid. [S. 254(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Operation loss in share trading–Verified D-mat accounts, sales, purchases and closing stock–Revision is held to be bad in law. [S.28(i), 143(3)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Rectification of mistake–When the claim is justifiably allowed by the AO the rectification order could not be construed to be erroneous and prejudicial to the interest of revenue. [S. 154]
S. 254(1) : Appellate Tribunal–Duties-Tribunal cannot dismiss appeals in limine merely for non-appearance of party; it should give decision on merit- Matter remanded.
S. 254(1) : Appellate Tribunal–Duties- Ex -parte decision on first day of hearing–Issue covered in earlier years-Rejection of application for recalling the order is held to be not justified– Directed to hear the appeal on merits. [S.254(2), Art. 226]
S. 251 : Appeal – Commissioner (Appeals)–Powers–CIT(A) has the power to decide stay petition-He should not direct the assessee to file stay petition before AO. [S.220(6), Art.226]
S. 251 : Appeal-Commissioner (Appeals)–Powers–Additional grounds–Power of the Appellate authorities is co-terminous with the power of the assessing authorities-Order of Tribunal holding that CIT(A) has no jurisdiction to admit addition grounds is set aside–Directed the CIT(A) to decide on merit considering the additional ground. [S. 254(1)]
S. 245D : Settlement Commission-Additional offer in addition to accepted liability-Cannot be termed as non-disclosure of full and true facts in application u/s. 245C of the Act–Writ of revenue is dismissed.[S. 245C, 245D (4), 245D(6) , 245D (7) Art. 226 ]