S. 250 : Appeal-Commissioner (Appeals)–Delay in filing appeals- Delay was condoned and the CIT(A) was directed to hear the appeal with in three months. [S. 10(23C)(iiiab), 11]
S. 250 : Appeal-Commissioner (Appeals)–Delay in filing appeals- Delay was condoned and the CIT(A) was directed to hear the appeal with in three months. [S. 10(23C)(iiiab), 11]
S. 147 : Reassessment–Matter remanded to the AO for redoing the assessment after getting the reply from the assessee–Original order passed was set aside.[S. 148, 153C]
S. 145A : Method of accounting–Valuation–Inclusion of excise duty in closing stock–Tribunal remanded the matter–No substantial question of law. [S. 145, 260A]
S.145 : Method of accounting-Business expenditure–Provision for liquidated damages-Held to be not allowable as negotiation was in progress. [S. 37(1)]
S. 2(22)(e) : Deemed dividend-Registered and beneficial share holder – Assessee is not share holder-Addition cannot be made as deemed dividend.
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Application for compounding of offence for delay in depositing tax deducted at source was dismissed only on ground that nobody attended proceedings when said application was taken up for hearing- order was to be set aside and, matter was remanded back for disposal on merits. [S. 278B, 279]
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007–Penalty cannot be levied on the ground that the assessee had not substantiated the manner in which the undisclosed income was derived is not sustainable where the assessee in the return of income had included that amount and no addition to the returned income was made by the Assessing Officer. [S. 132(4)]
S. 271(1)(c) : Penalty–Concealment–Advance received not shown as income–Revised return filed showing advance as income– Deletion of penalty is held to be justified–TDS deducted but no prof was filed–Levy of penalty was held to be not justified.
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Notice referred only one ground-Final order on other grounds– Claim of deduction examined by the AO- CIT was not justified in substituting his view–Revision is held to be bad in law. [S. 80IA]
S. 263 : Commissioner-Revision of orders prejudicial to revenue–Captive power plant–Allocation of profit –Revision is held to be not justified. [S.80I, 260A]