S. 271(1)(c) : Penalty- Concealment-Capital gains on sale of land-Revised return prior to issue of notice u/s 153C-Deletion of penalty is held to be justified. [S. 45, 139(3), 153C ]
S. 271(1)(c) : Penalty- Concealment-Capital gains on sale of land-Revised return prior to issue of notice u/s 153C-Deletion of penalty is held to be justified. [S. 45, 139(3), 153C ]
S. 271(1)(c) : Penalty-Concealment-Depreciation-Claim was withdrawn in the course of search proceedings-Deletion of penalty by the Tribunal is held to be justified. [S. 32, 132(4), 153A]
S. 264 : Commissioner-Revision of other orders-Rejection of application on the ground that availability of remedy of appeal-Commissioner is directed to decide the application on its merits. [Art. 226]
S. 264 : Commissioner-Revision of other orders-Expenses or payments not deductible-Cash payments exceeding prescribed limits-Use of electronic clearing system through bank account-Deposit of cash directly in beneficiary’s bank account beyond prescribed limit-Transaction not through clearing house of electronic mode-Business expediency is not established-Disallowance is held to be justified. [S. 40A(3), R.6DD, Art. 226]
S. 254(2A) : Appellate Tribunal-Stay-Order of Tribunal granted the stay is affirmed-Appeal is held to be misconceived. [S.253, 260A]
S. 234B : Interest-Advance tax-Non-resident-Deduction of tax at source-It was obligation of payer to deduct entire tax at source and, assessee was not liable to pay any advance tax-Interest cannot be charged.
S. 220 : Collection and recovery-Assessee deemed in default- Stay-Existence of prima facie case, financial stringency and balance of convenience-Duty of PCIT and responsibility of assesse-Status quo to be maintained till disposal of stay petitions by PCIT. [S. 220(3), 220(6), Art.226]
S. 220 : Collection and recovery-Assessee deemed in default- Stay-Stay was granted subject to depositing 15% of outstanding demand.
S. 199 : Deduction at source-Credit for tax deducted-Salary-Rectification application is not disposed off-AO is directed to consider the application and pass orders on merits and in accordance with law. [S. 143(3) 154, 192]
S. 197 : Deduction at source-Certificate for lower rate-Payment to non-resident-Assessee proposing certificate for deduction at lower rate and department issuing certificate in those terms- Assessee cannot challenge certificate and seek deduction at nil rate. [S. 195, Art.226]