S. 271(1)(c) : Penalty – Concealment – Notice must specify the charge – Notice must be precise and there should be no room for ambiguity – Veena Estate (P.) Ltd v. CIT [2024] 158 taxmann.com 341/ 461 ITR 483 (Bom)( HC) , distinguished- Order of Tribunal is affirmed .[ S. 260A ]
S. 2(22)(e): Deemed Dividend – Advance received from closely held company by its shareholder – Holding more than 10% -Commercial transaction – Not assessable as deemed dividend .
Companies Act , 2013 .
S. 2(62): One person company – The separate legal personality and limited liability shield of an One Person Company (OPC) under Indian corporate law- The separate legal personality and limited liability shield of an OPC under Indian corporate law- Set aside the direction of the Arbitration Tribunal against Mr Savan Prasad . [ S. 3(1) , Arbitration and Conciliation Act , 1996, S. 17, 37(2)(b) ]
S. 271(1)(c) : Penalty-Concealment-Estimate of income-Estimation of rate of NP on gross receipts-Rejection of books of account-Penalty is deleted.[S. 145]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Reimbursement of expenditure on account of Employee Stock Option Plan (ESOP) costs incurred by holding company-Allowable as deduction-Revision order is quashed.[S. 37(1)]
S. 254(1) : Appellate Tribunal-Powers-Additional claim-Not made through revised return of income-Restrictions does not apply to appellate authorities. [S. 139]
S. 251 : Appeal-Commissioner (Appeals)-Powers-Survey-Surrender of income-No effective disposal of appeal-Matter remanded to the file of the CIT(A).[S. 69 to 69D, 115BBE, 133A]
S. 220 : Collection and recovery-Assessee deemed in default-Seized cash-Adjustment-Notice of demand dated 30-12-2016-Cash adjusted on 21-3-2018-Cash seized was available with the Department-Interest cannot be charged. [S. 132B]
S. 201 : Deduction at source-Failure to deduct or pay-Short deduction of tax deducted at source-Assessing Officer is directed to look into contention of assessee with regard to incorrect levy of interest under section 201(1A).[S. 194C, 194J, 201(IA)]
S. 199 : Deduction at source-Credit for tax deducted-Not reflected in Form 26AS-Submitted supporting documents-Matter remanded to Assessing Officer for proper verification.[S. 143(1), 154, 201, Form 26AS.]