S. 143(3): Assessment- Survey- An admission of estimated income made during survey has no evidentiary value and is not binding on the assessee. The income has to be assessed as per the return of income and books of account. [ S. 133A ]
S. 143(3): Assessment- Survey- An admission of estimated income made during survey has no evidentiary value and is not binding on the assessee. The income has to be assessed as per the return of income and books of account. [ S. 133A ]
S.143(3): Assessment -Assessment order passed without considering relevant materials and objections raised by assessee was held to be arbitrary and violative of principles of natural justice was quashed .[ Art 226 ]
S. 143(3): Assessment -Income from undisclosed sources — Manufacture and sale of gold ornaments -Discrepancy in recording quantity of gold- Addition was held to be justified .
S. 143(3): Assessment – Capital gains — Capital gains wrong shown in the return as taxable – Duty Of Assessing Officer to refrain from assessing such income.- No tax shall be levied or collected except by authority of law.[S. 45, Right to fair compensation and transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S. 96 , Art. 265 ]
S. 143(3): Assessment -Estimate of profits — Gross profit rate —Findings based on conjectures and surmises and not on positive evidence — Order of Tribunal was set aside .[ S. 254(1) ]
S. 143(3): Assessment – Real income- lease rental- Interest and loan recovery – Guidance Note issued by the ICAI carries great weight – An assessee can only be taxed on “real income” -Lease rental is allowable [ S. 37(1),145(3), CA 1956, S.211 ]
S. 143(2): Assessment – Notice by an AO not having jurisdiction over the assessee is irrelevant- Assessment was held to be bad in law .
S. 143(2) : Assessment – Block assessment -Notice issued with in period of limitation , however the notice was served beyond limitation period hence the assessment was held to be in valid and quashed- Tribunal was justified in considering the issue of limitation first time raised before the Tribunal [ S. 158BC, 254(1),292BB ]
S. 143(2) : Assessment -Notice – Notice to authorised representative was held to be deemed service of notice on assesse and sufficient compliance – Non availability of assesse on the given address the notices were could not be served [ S. 143(3) ]
S.142(2A): Inquiry before assessment– Special audit– Order passed without application of mind and objections of the assesse was held to be bad in law .