S. 12AA : Procedure for registration–Trust or institution- Charitable purpose-Cancellation of registration is held to be not valid- Orders made by the CIT and ITAT are quashed and the registration held by the GIDC is ordered to be revived. [S. 2(15), 11, 12A]
S. 10(23AAA) : Funds established for welfare of employees-No renewal was required once a Pension fund set up by assessee approved by concerned authority. [S.10(25), 12A]
S. 4 : Charge of income-tax–Capital or revenue–Business of accepting deposits from members and lending the same to non members-Waiver of deposit–Waiver of principal component of deposits and debentures–Capital receipts. [S. 28(i)]
Central Goods and Services Tax Act, 2017/ Gujarat Goods an Services Act , 2017 .
GST – Search & Seizure- The action of the GST authorities of camping in the assessee’s home for 8 days and placing him under house arrest is illegal & a blatant abuse of powers. It has shocked the conscience of the court.
Appeal – Supreme Court -Condonation of delay- The special leave petition has been filed after a delay of 387 days with further delay of 302 days in refiling- This is one more case which we have defined as “Certificate Cases” – Administration directed to hold an inquiry into the aspect as to who is responsible for such inordinate delay and take suitable action against the officers concerned [ .Limitation Act ,1963, S.5 ]
S. 254(1): Appellate Tribunal- Duties- Relying on the case laws not cited by both the parties- Not dealing with the case law cited by the representative of the assessee- Matter remanded to the Tribunal to pass the fresh order . [ S.80IB (10) ]
S. 253 : Appellate Tribunal – Condonation of delay of 318 days- Delay “Useless advice” by a professional to not file appeal and to instead file a Cross Objection if Revenue filed the appeal cannot help the assessee because there was always going to be a chance that Revenue might not file appeal- Delay is not condoned .[ S.253(3), 254(1) ]
S. 153A : Assessment – Search- Abated assessment- It is open to both parties, i.e. the assessee and revenue, to make new claims for allowance or disallowance. [ S.132, 139(1) ]
S. 68 : Cash credits – Share capital- Identity of the investors were not in doubt- Furnished PAN, copies of the income tax returns of the investors as well as copy of the bank accounts in which the share application money was deposited in order to prove genuineness of the transactions- Not required to prove source of the source- Deletion of addition by the Tribunal is held to be justified .
S. 245D : Settlement Commission – Settlement of cases – Jurisdiction- Black Money Act — Undisclosed income of Non-Resident Indians – Change in the Black Money Act only from assessment year 206-17 – Pending reassessment proceedings order of Settlement Commission for assessment years 2004 -05 to 2015-16 is held to be valid – Writ petition of the revenue is dismissed . [S. 148, 153A,245A, 245C,245D(4) , Black Money (Undisclosed Foreign Income and Assets) and Imposition of tax Act, 2015, 2(9) ,3 , 4(3) , Art .226 ]