S. 254(1) : Appellate Tribunal Powers-Stay-Penalty–Concealment– Quantum appeal pending before Tribunal–AO directed not to pass final penalty order – However, penalty proceedings not stayed. [S. 271(1)(c)]
S. 254(1) : Appellate Tribunal Powers-Stay-Penalty–Concealment– Quantum appeal pending before Tribunal–AO directed not to pass final penalty order – However, penalty proceedings not stayed. [S. 271(1)(c)]
S. 254(1) : Appellate Tribunal–Powers-Remand with Directions– Consequential enhancement is held to be valid. [R. 8D]
S. 148 : Reassessment–Notice–Return filed in response offering lesser income- Assesse cannot raise fresh independent claims having effect of reducing income already declared. [S. 147]
S. 147 : Reassessment–Reasons recorded mentioned incorrect amount – No reason to believe–Reassessment is held to be bad in law. [S. 148]
S. 147 : Reassessment–After the expiry of four years–No additions sustained on the reasons recorded–Reassessment is bad in law . [S. 148]
S. 145 : Method of accounting-Project Completion Method-Percentage Completion Method-Project completion method is held to be valid- Deletion of addition in respect of advance received from customers is held to be valid. [S. 145(3)]
S. 143(3) : Assessment–Amalgamation–Merger -Assessment order passed in the name of non-existent entity–Held to be invalid. [S. 143(2)]
S. 68 : Cash credits-Bank statement cannot be considered as books maintained by assessee-Addition is held to be not valid.
S. 68 : Cash credits–All details regarding cable operators available on record–All deposits received in cheque which were subsequently refunded back- Deletion of addition is held to be justified.
S. 54 : Capital gains–Profit on sale of property used for residence– Acquisition of three flats–Converted into one single unit–One electricity meter / bill for the entire residential unit–Deduction could not be denied in spite of there being three separate agreements for purchase and sale of flats, [S. 45]