S. 251 : Appeal-Commissioner (Appeals)–Powers–Estimation of gross profit–Right of appeal was not properly exercised–Matter remanded to the CIT(A). [S. 254(1)]
S. 251 : Appeal-Commissioner (Appeals)–Powers–Estimation of gross profit–Right of appeal was not properly exercised–Matter remanded to the CIT(A). [S. 254(1)]
S. 250 : Commissioner (Appeals)-Dismissal of appeal in limine– CIT(A) cannot dismiss appeal in limine for non-prosecution without deciding same on merits-Order of CIT (A) is set aside. [S. 246A, 249, 250(6), 251]
S. 206C : Collection of tax at source-Failure to collect tax at source–Limitation-No limitation is prescribed-Reasonable period of limitation of four years from end of financial year in question was to be followed-order is quashed. [S. 201(3), 206C(6A)]
S. 194J : Deduction at source-Fees for professional or technical services-Arbitration charges–Payments to arbitrators is in nature of professional services rendered by legal professionals liable to deduct tax at source. [S. 40(a)(ia)]
S. 147 : Reassessment–Foreign bequest–Request to transfer is pending-Bequest received by assessee at Sri Lanka could not be recognized as income–Reopening is held to be bad on law. [S. 2 (24)(iia), 5, 11(2), 12AA, 143(3), 148, 160(1)(iv), 161(1)]
S. 145 : Method of accounting–Survey–Estimation of income on the basis of estimated gross profit on sales–Rejection of books of account without any reason-Addition is held to be not valid. [S. 133A, 144]
S. 143(2) : Assessment-Service of notice-Notice served on assessee which was not as per addresses as specified in rule 127(2) of 1962 Rules, assessment based on said notice is not valid assessment. [R. 127(2)]
S. 139 : Return–Invalid return-Failure to enclose the report from Chartered Accountant in Form No 3CEB–AO must give an opportunity to rectify the defect with in specified time-Reassessment is quashed on the ground of change of opinion. [S. 92E, 139(9), 147, 148, 271BA, ITAT R. 27]
S. 115JB : Book profit–Depreciation-Adjustment is held to be not valid. [S. 32, Companies Act, 1956]
S. 80IC : Special category States-Oil exploration activity can be taken as manufacture or production-Eligible for deduction. [S.80IB, 80IC(7)]