S. 143(2) : Assessment – Notice – Defective return- Rectification of defects relates back to date of original return – Original return was filed on 10-09- 1996 – Defects removed on July 7, 2017- Notice u/s 143(2) was issued on August 9, 2018- Barred by limitation [ S.139 (1) 139(9) ,143(3) ]
S. 127 : Power to transfer cases – Transfer Of Assessments for purpose of Co-ordinated investigation — Reasons not disclosed in orders of transfer — Orders set aside.[ S.132 ,133A]
S.115WC: Fringe benefits tax — Constitutional validity- Parliament had power to enact Chapter Xii-H under entry 97 of Seventh Schedule to Constitution of India —Not violate of Article 14 of Constitution of India . [ Art , 14 ]
S. 80JJA : Bio-degradable waste – Collecting and processing – Deduction allowed for four consecutive years —Deduction cannot be denied for fifth year.
S. 80IA :Industrial undertakings – Production of power —Energy – Power would Include steam – Steam produced can be termed as power and would qualify for the benefits . [ S.80IA(4) ]
S.68: Cash credits — Unexplained money — Estimation of gross profit – Day to day stock register is maintained – Deletion of addition is held to be justified . [ S.153A ]
S. 68 : Cash credits – Affidavit filed by the asesssee was not rebutted -Arbitrary rejection of explanation is not proper – Duty Assessing Officer to conduct proper enquiry-Matter remanded
S. 40(a)(ia): Amounts not deductible – Deduction at source – Payment to truck owners towards freight charges – Commission agent – Form 15I was collected within time -Deletion of disallowance is held to be justified .[ S.194C ]
S. 40(a)(ia): Amounts not deductible – Deduction at source -Recipient has declared the income – No loss to revenue – No disallowances can be made – Amendment with effect from 1-4-2013 is declarative and curative in nature . [ S.271C ]
S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident -Interest on foreign currency Loan —Specific exemption from Ministry of Finance for interest —Not liable to deduct tax at source – No disallowances can be made .[ S.10(15)(iv)(f),37(1), 195 ]