S. 253 : Appellate Tribunal-Vivad Se Vishwas Scheme-Appeal Dismissed As Withdrawn-[Direct Tax Vivad Se Vishwas Act, 2020]
S. 253 : Appellate Tribunal-Vivad Se Vishwas Scheme-Appeal Dismissed As Withdrawn-[Direct Tax Vivad Se Vishwas Act, 2020]
S. 251 : Appeal-Commissioner (Appeals)-Powers-Amendment by Finance Act, 2001-Commissioner (Appeals) cannot restore matter to Assessing Officer for verification and fresh decision-He must take decision one way or other-Appellate Tribunal-Additional ground raised by the assessee was admitted-Matter remanded to the Assessing Officer. [S. 132(4A), 250, 254(1)]
S. 250 : Appeal-Commissioner (Appeals)-Duties-Coterminous powers with the Assessing Officer-Remand report-No steps taken by Assessing Officer to verify the facts-Commissioner (Appeals) is duty bound to verify the documents filed by the assessseee- Matter remanded to Commissioner (Appeals).
S. 250 : Appeal-Commissioner (Appeals)-Duties-Capital gains- Commissioner (Appeals) not considering the documents produced before him- Matter remanded to Assessing Officer. [S. 254(1)]
S. 195 : Deduction at source-Non-resident-Fees for technical services-Consulting services-Commission for procuring orders from customers -No permanent establishment or business connection in India-Not liable to deduct tax at source. [S. 9(1)(vii), 201(1), 201(IA)]
S. 154 : Rectification of mistake-Mistake apparent from record-Bad and doubtful debts-Assessing Officer giving effect to the order of the Appellate Tribunal and allowing the bad and doubtful-Rectification of reassessment order on same issue is not permissible. [S. 36(1)(viia) 148, 254(1)]
S. 153A : Assessment–Search-Appellate Tribunal has the power to admit additional legal grounds, which goes to root of the matter-No notice was issued to the assessee-Order was quashed. [S. 143(3), 153C, 254(1)]
S. 148 : Reassessment-Notice-Factum of death of assessee intimated to department much prior to issue of notice-Notice issued in name of deceased- Notice not valid. [S. 147]
S. 147 : Reassessment -Not objecting to initiation of reassessment proceedings-Not precluded from challenging validity of reassessment before appellate forums-Reassessment is held to be bad in law. [S. 80IB(10), 148]
S. 145 : Method of accounting-Project Completion method-Shifting gross sales receipts to previous year in which sale deeds executed without shifting expenditure incurred in connection therewith- Violation of Accounting Standard 1-Receipts rightly taxed by Commissioner (Appeals) in later years-No contravention of Rule 46A. [S. 145(2)]