S. 132 : Search and seizure-Authorisation-Authorization for search should be of competent authority and it is on satisfaction of authority that search warrant can be issued and it can be only of Competent Officer-Where search warrant was not issued by Competent Officer, it would vitiate search-Matter remanded. [Art. 226]
S. 132 : Search and seizure-Retrospective amendments made under sections 132(1), 132(1A) and 132A by insertion of Explanations preventing disclosure of reason to believe and reason to suspect in proceedings upto Tribunal are constitutionally valid. [S. 132(1), 132(IA), 132A, Art, 14, 19, 21, 226]
S. 115WB : Fringe benefits-Limitation –Additional grounds-Notice issue under section 143(2) after six months from the end of relevant financial year-Notice is invalid-Tribunal is justified in admitting additional grounds. [S. 115WE(2), 143(2), 254(1)]
S. 69A : Unexplained money-Assessment against yard owners was completed-Addition of same income in the hands of the petitioner was directed to be deleted-Matter remanded. [S. 153C, Art. 226]
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Commission, brokerage, etc.-Passenger service fees (PSF)-Not liable to deduct tax at source-Matter remanded for verification. [S. 194H]
S. 36(1)(viii) : Eligible business-Special reserve-Agricultural development-Eligible business-Dairy or animal husbandry activities-Providing long term finance to various dairy co-operatives engaged in producing milk-Not eligible to claim deduction.
S. 36(1)(v) : Contribution to approved gratuity fund-Gratuity trust-Deed of variation pending for approval-Not allowable as deduction.[S. 43B]
S. 14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made [R. 8D]
Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015
S.10: Assessment – Denial of liability – Foreign assets claimed to be acquired out of income not taxable in India – Income not taxable in India – Alternative remedy – Writ is not maintainable- Directed to pursue alternative remedy of appeal . [ S.14, 15, Art , 226 ]
S. 56 : Income from other sources – Relative – Individual – Private discretionary trust – Gift of equity shares to trust – Trust crested for the benefit of self and relatives – Any sum received without consideration , aggregate value of which exceeds fifty thousand rupees – Pass through entity – Provision of section 56(2)(x) is not applicable [ S. 56(2)(x)) ] S. 56 : Income from other sources – Relative – Individual – Private discretionary trust – Gift of equity shares to trust – Trust crested for the benefit of self and relatives – Any sum received without consideration , aggregate value of which exceeds fifty thousand rupees – Pass through entity – Provision of section 56(2)(x) is not applicable [ S. 56(2)(x)) ]