S.147 :Reassessment – After the expiry of four years – Loan -Accommodation entries -Documents produced during assessment proceedings- No failure to disclose material facts- Notice and order disposing the objection was quashed . [S. 68, 148 , Art , 226 ]
S.148 :Reassessment – Order disposing the objection – Judgments relied upon by petitioner not applicable- Order disposing the objection was up held [S.147, Art , 226 ]
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessing Officer cannot travel beyond show cause notice- CBDT Circular dated 11.5. 2022 applicable if amount of income which has escaped tax is less than Rs. 50 lakhs- Order was quashed .[ S. 148A(b), 148(A)(d), Art , 226 ]
S. 153A: Assessment – Search or requisition- Order was not barred by limitation – Seized material was handed on 27 -8 -2019 – Writ petition was dismissed- Directed to pursue alternative remedy . [S.153C(2) Art , 226 ]
Direct Tax Vivad Se Vishwas Scheme, 2020
S.3: Amount payable by the declarant – Time and manner of payment -Failure to pay the amount of disputed tax before the last date- Declarations ought to be accepted and payment to be made with simple interest @9% within four weeks.[ S. 5 , Art , 226 ]
Income Declaration Scheme, 2016
S. 183: Payment of tax – Failure to make third installment – Non-compliance- Order of single judge is set aside- Directed the assessee to make a fresh representation before the Competent Authority. [ Art , 226 ]
S. 4 : Charge of income-tax – Alternative accommodation –Redevelopment agreement – Corpus monetary consideration -Rent for alternative accommodation – Hardship allowance – Capital receipt not taxable . [ S. 56 ]
S. 69C : Unexplained expenditure -Capitalisation fee – Admission in medical college – Scribbling made on the back side of two pages which does not reveal that assessee had made any payment – Failure to give an opportunity of cross examination of Dean – Addition was deleted . [ S. 132 ]
S. 147: Reassessment – After the expiry of four years- Non -Resident – Swiss account funds of non -resident – Credits in HSBC (Geneva) accounts originated outside Indian Territories. – Income deemed to accrue or arise in India – No business connection – Limitation – Extended period of 16 years is not applicable to non -Residents- Reassessment notice and order is held to be bad in law and quashed – DTAA -India -UK -French . [ S.6(1), 6(6), 9(1)(i) , 69,139(1) , 148 , 149(1), (149(1)( c), Art, 28 ]
.37(1): Business expenditure – Sales and business promotion expenses -Gifting freebies to dealers and stockists – Performance in meeting sales targets – Allowable as a deduction – Circular No 5 of 2012 dt. 18 -2012 prohibits the benefit of freebies directly or indirectly to medical practioners and their professional associations and not to dealers and stockists .