S. 226 : Collection and recovery-Modes of recovery -Property of guarantor given as collateral to bank-Secured creditor has priority of charge over income-tax dues-Order of attachment by tax recovery Officer is set aside. [Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S. 13(2), 25(E) , Art. 226]
S. 197 : Deduction at source-Certificate for lower rate–Capital gains-Sale of shares by non-resident—Rejection of application on ground that transaction of sale of shares was not genuine—Rejection of application is held to be not Justified-Substance over form- piercing the corporate veil -DTAA -India- Mauritius. [S 9(1)(i),90 ,195 Art , 13 . ]
S. 195 : Deduction at source-Non-resident-Royalty-Licence fee for use of software-Liable to deduct tax at source–Levy of interest is valid – DTAA-India–USA. [S. 90, 201(1), 201(IA), Art. 12(3)]
S. 158BC : Block assessment–Valuation of cost of construction- Valuation report was available before the date of search-No incriminating material was seized during search-Addition is unsustainable. [S. 60, 132]
S. 147 : Reassessment-Bogus expenditure-Information received subsequent to scrutiny assessment-Survey report and statements of employees during course of survey–Reassessment is held to be valid. [S. 133A, 148]
S. 147 : Reassessment–With in four years-No failure to disclose all material facts fully and truly-Reassessment on change of opinion is held to be not valid. [S. 148]
S. 147 : Reassessment –With in four years- No new tangible material-Reassessment is bad in law. [S. 148]
S. 147 : Reassessment–With in four years-Change of opinion-Loss on account of sale of stores-No new material-Reassessment is not valid.[S. 144(1)(c), 148]
S. 147 : Reassessment–With in four years- General allegation-No violation of provisions of S. 11(3)(d)-Reassessment is bad in law. [S.10(23C), 11, 12AA, 13, 148 ]
S. 145A : Method of accounting–Interest-Compulsory acquisition of Land — Interest on enhanced compensation—Assessable in year of receipt under head Income from other sources. [S. 2(28A) 56(2)(viii), Land Acquisition Act, 1894, S.28]