S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Statement u/s. 132(4)-Partner specifying the manner in which the disclosed income was earned–Entitle to claim immunity. [S. 132(4)]
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Statement u/s. 132(4)-Partner specifying the manner in which the disclosed income was earned–Entitle to claim immunity. [S. 132(4)]
S. 271(1)(c) : Penalty–Concealment-Build-Operate-Transfer (BOT)-Depreciation is disallowed – Appeal not filed – Deletion of penalty is held to be valid. [S. 32]
S. 271(1)(c) : Penalty–Concealment–Revised return file prior to issuance of notice u/s 153C – No satisfaction was recorded-Deletion of penalty is held to be valid. [S. 153C]
S. 269K : Acquisition of immoveable property–Deposit– Compensation-Acquisition by and vesting of property in Income-Tax Department In 1978-Deposit of compensation in Court-Petitioners’ right to property ousted in civil suits-Additional District judge finding petitioners had no title to property and not entitled to compensation-Source of compensation payment/deposit irrelevant. Writ is held to be not maintainable–Cost of Rs.25,000 was imposed. [S. 269(F(6), 269-I, Art. 226]
S. 268A : Appeal–Monitory limit-Tax effect is less than one crore-Appeal is not maintainable. [S. 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital or revenue–Expenditure incurred on CDs-Allowed as revenue expenditure-Plausible view–revision is held to be not valid-Order of Tribunal is affirmed. [S. 37(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue – Order passed by the AO under direction of dispute Resolution Panel can be set aside-Alternative remedy–Writ to quash the notice u/s 263 is held to be not maintainable. [S. 144C, Art.226]
S. 260A : Appeal-High Court-Review–Mistake apparent from the record – Reappreciation of evidence and rehearing of case without there being any error apparent on the face of the record is not permissible. [S.22(3)(f), 220(2), 220(2A)
S. 254(2A) : Appellate Tribunal–Stay-Order of Tribunal to pay entire outstanding demand instalments were modified as the Tribunal did not record any finding that assessee had not made out a prima facie case and hardship. [S. 254(1), Art. 226]
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–Tribunal considering matter and passing order—No Obvious error–Protective assessment-Order cannot be rectified– Writ petition was allowed. [S. 158BC, Art.226]