Interpretation of taxing statutes –Precedent – Special leave Petition dismissed in limine- Doctrine of merger is not applicable . [ Constitution ion of India , Art , 141, Maharashtra Employees of private Schools ( Conditions of Service ) Regulation Act , S. 4(1) 16(2) (a) ]
S. 271B :Penalty- Failure to get accounts audited -Reasonable cause – May – Levy of penalty is held go be not justified .
S. 271(1)(c) : Penalty – Concealment – Disallowance of expenses on estimate basis – Capital or revenue –Debatable issue – Levy of penalty is not justified – Disallowance was deleted -Levy of penalty is not justified . [ S.14A ]
S. 271(1)(c) : Penalty – Concealment – No specific charge recorded – addition on estimate basis – Appeal not filed against quantum addition – Levy of penalty is not justified . [ S.274 ]
S. 271(1)(b) : Penalty – Failure to comply with notices – Entire
additions deleted at appellate stage —Bona fide explanation- Penalty not leviable. [ S.142(1) ]
S. 271(1)(b) : Penalty – Failure to comply with notices -Co-operating in assessment proceedings Attending- None of assessment orders ex -parte- Levy of penalty is held to be not valid .[ S.142(1) ]
S. 250 : Appeal – Commissioner (Appeals) – Powers – Additional evidence — Should have been admitted .[ S. 147, 148 , 250 (6) ]
S. 250 : Appeal – Commissioner (Appeals) – Duties – Ex -parte order – Bogus purchases – If assessee fails to defend case Commissioner (Appeals) to adjudicate appeal on basis of material on record [ S. 250 (6), 254(1) ]
S. 250 : Appeal – Commissioner (Appeals) -Duties – Ex -parte order -Mandatory procedure to formulate points in dispute and thereafter record reasons on such points — Failure to appear on appointed day , CIT (A ) cannot dismiss the appeal in Limine – He ought to have decided on merits . [ S. 131, 250(6) ]
S. 153A : Assessment – Search- No incriminating material was found in the course of search – Addition is held to be not valid [ S.37(1) 132, 143(3) ]