Income Declaration Scheme, 2016 (IDS)
S. 183: Payment of tax – Failure to pay third instalment – Rejection of application was held to be justified- Old age and ill health or forgetfulness to make payment and the assesse was 70 years age cannot be the ground to extension of time for payment of third instalment . [ S. 119(2) ]
Gift Tax Act, 1958
S. 16: Reassessment-Deemed Gift —No conclusive finding rendered by Appellate Tribunal on question of notional or deemed gift — Order was set aside [ S. 4(1)(a) ]
S. 279 : Offences and prosecutions – Compounding of offences – Guidelines on compounding of offenses dated 23.12.2014 prescribing eligibility conditions and the formula for calculating the compounding fee are valid or unreasonable [ S. 276 ,277, 278 ]
S. 279 : Offences and prosecutions – Compounding Of Offences — Guidelines fixing compounding fees was held to be valid Application For Compounding twenty years after assessment order and after framing of criminal charges — Determination of compounding fees was held to be valid . Assessee was directed to pay cost of Rs 50000 /.
S. 279 : Offences and prosecutions – Sanction – Chief Commissioner – Late deposit of tax deducted at source – If sanctioning was held to be not as requirement of law summons issued by the Court can be challenged .[ S.276A, 276B 278AA, 278AB,278B, Code of Criminal Procedure Code , S 397, 401, 482 ]
S. 276C : Offences and prosecutions – Wilful attempt to evade tax Order of penalty was set aside on ground there was no concealment of income — Prosecution was liable to be quashed. [ S. 271(1) (c ) ]
S. 275 : Penalty – Bar of limitation – Concealment-Time to Be reckoned from date of service of order of Commissioner (Appeals) on Assessee — Penalty proceedings was barred by limitation [ S. 271(1) (c )]
S. 271AAB:Peanlty -Failure to maintain books of account -Undisclosed income – Levy of penalty is automatic in nature [ S.44AA]
S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –Where search initiated on or after 1st June , 2007 , simultaneous penalty u/s 271(1)(c ) cannot be levied [ S. 271(1)( c) ]
S. 271AAA : Penalty – Search initiated on or after 1st June, 2007 –
Payment of tax with interest before assessment was made-Deletion of penalty was held to be justified [ S. 132(4)]