S. 263 : Commissioner – Revision of orders prejudicial to revenue -Dissolution of company-Taken over by limited liability partnership-Opportunity of hearing must be granted to successor before passing the order-Matter remanded to the Tribunal .
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Dissolution of company-Taken over by limited liability partnership-Opportunity of hearing must be granted to successor before passing the order-Matter remanded to the Tribunal .
S. 254(1) : Appellate Tribunal – Duties- Consolidation of appeals on the request of the department without adequate notice to the assessee is quashed [ S.253]
S. 144C : Reference to dispute resolution panel -Draft assessment order- Limitation- Quoting wrong provision in the assessment order in consequential-Alternative remedy – Writ is not maintainable .[S. 92CA, 246(1)(A), Art . 226 ]
S. 139AA: Return of income – Quoting of Aadhaar Number – Permanent Account number— Provision making it compulsory for all assessees to obtain Aadhaar Card and quote Aadhaar number to prescribed authority —Extension of time by Circular issued by CBDT -Directions issued stating that return filed by the assessee should be processed accordingly . [ Art .226 ]
S. 43A : Rate of exchange – Actual cost- Depreciation- Notional fluctuation- Imported assets acquired in foreign currency — Fluctuation in rate of exchange — Adjustment can be made at each date of balance-sheet pending actual payment. [ S.32 ]
S. 35D : Amortisation of preliminary expenses -Expenses incurred on issue of public subscription of shares or of debentures of the company, any payment made against commission, brokerage and charges for drafting, typing, printing and advertisement of the prospectus would be eligible for benefit.
S.32: Depreciation-Preoperative expenses — Capital expenditure — Entitle depreciation .
S. 13 : Denial of exemption-Trust or institution-Investment restrictions -Holding shares in a company- Denial of exemption to be restricted to income from shares to be taxed at marginal rate under S. 164(2) [ S. 11,13(1))(d)(iii), 164 (2)]
S. 2(22)(e):Deemed dividend-Advance to Shareholder — Deemed dividend can be assessed only in hands of registered shareholder.
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Sale of plant and machinery along with capital WIP, cost incurred on capital WIP was required to be reduced as ‘cost of acquisition’ while arriving at taxable amount of capital gain-Revision is held to be not valid [ S. 2(14),50, 74 ]