S. 80IC: Special category states – Where no investigations or special exercise was done to shown that the amount claimed as deduction was actually incurred, the claim of the assesee could not be disallowed.
S. 80IC: Special category states – Where no investigations or special exercise was done to shown that the amount claimed as deduction was actually incurred, the claim of the assesee could not be disallowed.
S.153D:Assessment – Search and seizure – The requisite for approval for assessment from JCIT is mechanical and not proper i.e. given without due application of mind, the assessment order is held to be bad in law . [ S.153A]
S. 153A: Assessment – Search- No addition can be made merely on the basis of statement recorded at the time of search without any corroborative evidence found against the assessee. [ S.132(4) ]
S. 153A : Assessment – Search- Any information or material found post the date of search cannot be construed to be incriminating material for the purpose of making additions as cash credits . [ S.68 ]
S. 153D : Assessment – Search – Approval – Exercise was carried out by the joint CIT in a mechanical manner without proper application of mind. Therefore, the impugned assessments are suffering from the incurable defect of improper approval and are annulled.[ S.153A ]
S. 144C : Reference to dispute resolution panel – If draft assessment order has not been passed in accordance with procedure laid down in S. 144C(1) and instead final assessment order has been passed though within limitation time, then such an order cannot be cured after limitation has expired by any subsequent rectification proceedings or corrigendum and in such a situation all subsequent proceedings and final assessment order will get invalidated [ S.92C ]
S. 153A : Assessment – Search or requisition – No incriminating material found during the course of search to doubt the transaction – Additions cannot be made. [ S.132 ]
S. 153 : Assessment – Limitation – AO is required to pass the assessment order within the period of limitation available under S. 153(2A) of the Act. [ S.153(2A) ]
S. 144 : Best judgment assessment – Profit in earlier year less than in instant year – GP higher than earlier years – No addition on difference in stock found as on date of search.
S. 139 : Return-Revised return – Remanded for verification [S. 139(4)]