S. 245D : Settlement Commission–Application-Settlement Commission can declare an application for settlement invalid, but such order has to be passed within prescribed time and under no circumstances, Settlement Commission can give retrospective effect to order invalidating settlement application of assesse..Settlement Commission has no jurisdiction to pre date its order. [S. 245C, 245D(2C), 245D(4)]
S. 234D : Interest on excess refund–Regular assessment was made after amendment of provision with effect from 1-06-2003– Excess refund granted u/s. 143(1)-Applicable even though assessment period may be prior to said date of amendment.[S. 143(1)]
S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]
S. 194C : Deduction at source–Contractors-Catering services– Rightly deducted the tax at source u/s. 194C and provision of S.194J is not applicable.[S. 194J]
Dismissing the appeal of the revenue the Court held that payment to contractor the tax was rightly deducted as contractor and service of cooking did not include any technical service.
CIT v. Saifee Hospital Trust. (2019) 262 Taxman 461 (Bom)(HC)
S. 194J : Deduction at source – Fees for professional or technical services – Payment to doctors –No employer and employee relation ship-Not liable to deduct tax at source as salary [ S.192 ]
S. 147 : Reassessment–Shares held as investment- Capital asset –Capital gains-Not considered the objections raised by the Assessee- Proceedings stayed–Matter remanded to the AO to pass speaking order. [S. 10(38), 45, 143(1), 148, Art.226.]
S. 145 : Method of accounting–Rejection of books of account– Suppression of production- Mismatch of consumption of raw material and output of drugs manufactured- Addition is held to be justified.
S. 92C : Transfer pricing–Arm’s length price-Mutually agreed procedure (MAP) adopted by Governments of India and USA in relation to US based transactions for determination of ALP could also be adopted for determining ALP of on –US based transactions.
S. 80IB(10) : Housing projects-Land was in the original owner- Undertaken development of housing project at their own risk and cost-Entitle to deduction.[S. 2(47)]
S. 80IA : Industrial undertakings -Conversion of paddy into rice is a manufacturing activity-Entitle to deduction. [S. 80IB].
S. 80IA : Industrial undertakings–Infrastructure development- Agreement with a nodal agency established by State Government Deduction cannot be denied. [S. 80IA(4)]