S.147: Reassessment-After the expiry of four years- There was an outside alien material which had later on come on record therefore reassessment was held to be valid .[S.148 ]
S.147: Reassessment-After the expiry of four years- There was an outside alien material which had later on come on record therefore reassessment was held to be valid .[S.148 ]
S. 132 : Search and seizure – Once warrant of authorization is issued against any person, then seized amount is required to be retained by Income-tax Authority – Department is entitle to retain cash till final conclusion of proceedings under the Act.
S. 119 : Central Board of Direct Taxes- Refund -Application for condonation of delay in filing return of income and claiming refund of TDS – PCIT rejected the application on merits of claim / extent of exemption and not considering the criteria required to be satisfied by assessee-Impugned order is set-aside to the file of PCIT for fresh disposal.[ S.237 ,264 ]
S. 80IB : Industrial undertakings – Activity of supplying the audio of the background sound to the film already shot by customers is manufacture and entitle to deduction.
S. 45:Capital gains –Agricultural land – Mere categorization of land as Nilam (Paddy land) in revenue records is not sufficient to treat land as agricultural land – Land not being used for agricultural purposes assessable as capital gains .[S.2(14)(iii)]
S. 43(6) : Written down value – For computing WDV depreciation allowed under the State enactment cannot be reduced [S.32 . Kerala Agricultural Income-tax Act, 1991 ]
S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Students who could not pass the examination would get 50 percent of fees as refund within two months from the declaration of results of examination – Contract between parties clear and Tribunal is right is holding that the unclaimed amounts were assessable to tax as deposit changed its character into income.
S. 11 : Property held for charitable purposes – Application of income -Wrirte back of depreciation was allowed to be carried forward for application of income of subsequent years [ S.32 ]
S. 281 – certain transfers to be void – Tax Recovery officer (‘TRO’) has no jurisdiction to declare transaction of transfer of property as null and void in proceedings under rule 16 of Second Schedule to Act [ S.220, R.48 ]
S. 237 : Refunds –CBDT- Excess deduction of tax deduction at source -Delay in disposal of application for refund by CBDT- High Court ccondones delay for making belated TDS refund claim for bonafide reason and directs the AO to decide on merits [ S. 119, 195 ]