S.68: Cash credits- Bogus capital gains-Penny stocks-Plea that opportunity to cross-examine the witness was not given & investigation report was not furnished is not relevant if assessee unable to successfully controvert findings of the AO and such argument was never made before the lower authorities-Addition is held to be justified [ S. 10(38).45 ]
S.68: Cash credits- Undisclosed income -Bogus capital gains -Penny stocks- Mere furnishing of contract note etc does not inspire the confidence-Addition as cash credit is held to be justified – Commission addition estimated at 6% was restricted to 2% [ S.45, 48 ]
S. 271C : Penalty – Failure to deduct at source – Interest- Failure to deduct tax at source at the time of credit of payee-No reasonable cause is shown -Liable to penalty. [S. 194A(4), 273B]
S. 263 : Commissioner-Revision of orders prejudicial to revenue – Clearing and forwarding -Estimate of income -Renting of godown as integral part of business-Plausible view – Revision is held to be not valid. [S. 145]
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–Accommodation entries–Addition was confirmed as cash credits-Opportunity of cross examination- Rejection of rectification was held to be justified. [S. 68]
S. 254(1) : Appellate Tribunal-Duties-Bogus creditors -Gross profit – Reassessment -Business in iron and steel-Order passed without considering the material placed on record-Matter remanded to reconsideration. [S.68, 147, 148]
S. 147 : Reassessment- Audit objection-Undervaluation of stock-Reassessment is held to be not valid. [S.145, 148]
S. 145 : Method of accounting- Income -Accural-land development, had been Mercantile system of accounting- Cash system of accounting-Cannot adopt cash system in respect of one project and mercantile system in respect of other projects. [ S.5 ]
S. 143(3) : Assessment–Merger–Amalgamation-Assessment order in repect of an entity which was not in existence – Held to be nullity. [S. 127, 292BB]
S. 132 : Search and seizure – Issue of warrant of authorisation against the locker of the assessee, without disclosing any material or information stating that locker contained valuable jewellery or other articles representing undisclosed income warrant was unjustified and held to be illegal [ S.153A]