S. 115J : Company – Book profit – The AO has no jurisdiction to question the correctness of the profit and loss account prepared and certified by the Chartered Accountant .[ Companies Act , 1956 ]
S. 115J : Company – Book profit – The AO has no jurisdiction to question the correctness of the profit and loss account prepared and certified by the Chartered Accountant .[ Companies Act , 1956 ]
S. 37(1)) : Business expenditure – Commercial expediency- Business loss – write-off of the deposits and interest – Amount lent to subsidiary- Allowable as business expenditure .[ S. 28(i) ]
S. 11 : Property held for charitable purposes – Charitable purpose Objects of general public utility- Construction of flats for its members – Transfer fees from new members – Interest on investment- No commercial activity – No violation of section 13(2) – Question of fact – No substantial question of law . [S. 2(15), 12A, 13(2), 260A]
S. 10B: Export oriented undertakings – Interest income on fixed deposits -Derived from business – Appellate Tribunal – Duty to pass speaking order – Matter remanded back for fresh adjudication .[ S. 254(1), 260A ]
S. 271E : Penalty for failure to comply with provisions of section 269T – Adjustments through journal entries for genuine business purposes – Penalty is deleted . [ S. 269SS, 269T, 273B ]
S. 271B : Penalty- Failure to get accounts audited – Applicability of provision of section 271A – Non-maintenance of books of account- Penalty is deleted .[ S.44AA, 44AB , 271A ]
S. 69: Unexplained investment – Source investment – Loan from mother and brother – Addition is deleted .
S. 56: Income from other sources – Share premium received by a private company – DCF Method is a valid method under rule 11UA – No defects pointed out in valuation report- Addition is deleted . [S . 56(2)(viib) , R.11UA ]
S.45 : Capital gains- Beneficial owner – Co-owner – Entire sale consideration declared in return of income filed by assessee’s brother – Addition can not be made in the hands of assessee.[ S. 54F ]
S 37(1) : Business expenditure – Ad-hoc disallowance – AO neither rejected books of account nor pointed out any bogus or non-genuine expenses – Remand report did not pointed out any specific defects.[ S. 144, 145(3) ]