S. 276C : Offences and prosecutions-Willful attempt to evade tax– Stay petition dismissed by Tribunal-Quantum of appeal is pending– Launching of prosecution is held to be not justified – Prosecution was quashed and the assesee was discharged from the prosecution. [S. 276(2), Cr. PC S. 498, Economic Offences (In applicability of Limitation) Act, 1974)
S. 194J : Deduction at source-Fees for professional or technical services–Examinations through various colleges–reimbursement of expenses–Not liable to deduct tax at source.
S. 188A : Firm – Joint and several liability of partners – Stay- Commissioner (Appeals) granted stay by depositing 20 per cent of demand by installments- AO invoked S.188A and issued notice to him to deposit tax – Proceedings against partner was stayed. [S. 226]
S. 153A : Assessment-Search or requisition–Cash deposited in Bank–Pradhan Mantri Garib Kalyan Yojana, 2016 (PMGKY)-[S.131, 132, Pradhan Mantri Garib Kalyan Yojana, 2016, S.199I, 199J]
S. 147 : Reassessment–Non-resident-Limitation- Offshore trust–Amendment to S. 149, by Finance Act, 2012, which extended limitation for initiation of reassessment proceedings to sixteen years, could not be resorted for reopening concluded proceedings in respect of which limitation had already expired before amendment became effective – Notice issued in 2015 for the assessment year 1998-99 was quashed. [S. 148, 149]
S. 143(1D) : Assessment–Notice u/s 143(2) is issued for, processing of return -Processing the return for issue of refund is not required -Writ to process the return and issue of refund is dismissed. [S. 143(1),143(2), 143(3), 241 , 241A ]
S. 80G : Donation – Approval under section 80G(5)(vi) could not be denied merely because donations made by assessee-trust were of insignificant amount. [S. 80G(5)(vi)]
S. 68 : Cash credits -Cash deposited in bank- creditors did not respond – Cross examination was not requested – Addition is held to be justified.
S. 54 : Capital gains – Profit on sale of property used for residence – Exemption is available though the construction of new property was not completed with in period of three years [ S.45 ]
S. 45 (4) : Capital gains – Firm -Retirement of partners-On contribution the individual property to firm, it is the property of the firm – Tribunal is justified in assessing the capital gains in the assessment of the firm.[ S.45 ]