S. 6(1) : Residence in India – Individual -Period of stay in India -Staying in India for 151 days – Salary received for period in respect of services rendered abroad – Not taxable in India- DTAA -India – Australia- [ S.15 , Art .15 ]
S. 6(1) : Residence in India – Individual -Period of stay in India -Staying in India for 151 days – Salary received for period in respect of services rendered abroad – Not taxable in India- DTAA -India – Australia- [ S.15 , Art .15 ]
S. 4 : Charge of income-tax -Capital or revenue -Mesne profits — Income from house property – Compensation for wrongful possession by its erstwhile tenant -Capital receipt [ S. 22, 25AA, 25B ]
Wealth -tax Act, 1957
S. 21AA: Assessment – Association of persons – Members’ Club — No business or profession carried on by social members’ Club- Surplus assets to be divided equally amongst members — Members’ shares determinate at that date —Club not chargeable to Wealth-Tax. [ S.2(31) 3(1) ]
S. 276CC : Offences and prosecutions – Failure to furnish return of income – Quashing complaint — Power of High Court — No power to consider facts [S.54F , Criminal Procedure Code, 1973, S. 482 ]
S. 271(1)(c) : Penalty – Concealment – Search and seizure -Block assessment – Penalty confirmed – Direction by CIT(A) regarding levy of penalty under S. 271AAA was rightly deleted by the Tribunal- Assessee has not challenged the levy of penalty u/s 271(1)( c ) of the Act . [ S. 153A,251, 271AAA]
S. 263 : Commissioner – Revision of orders prejudicial to revenue –Duty drawback – Subject matter of appeal- Issue neither considered nor decided in appeal before Commissioner (Appeals) — Revision is held to be proper . [ S.80I,147 , 251 ]
S. 260A : Appeal – High Court -Substantial question of law — speculative transaction —Remand by tribunal to consider nature of transaction — No question of law . [S. 43(5), 73(1) ]
S. 260A : Appeal – High Court – Rejection of accounts – Estimation of income – No perversity in finding of facts by Tribunal — Appeal not maintainable-No substantial question of law [ S.144 ]
S. 254(1) : Appellate Tribunal – Duties-Condonation of delay — Adequate reason – delay of 154 days-Delay should be condoned [ S.253, 263 Limitation Act ,1963 , S 5 ]
S. 254(1) : Appellate Tribunal – Duties-Rule of consistency — Judicial discipline — Tribunal wishing to take different view from its earlier decision in assessee’s own case on same issues — Only option is to refer to larger bench — Matter remanded to Tribunal [ S.253 ]