S. 250 : Appeal – Commissioner (Appeals) – Not mentioning of service of notice – Order was passed without giving an opportunity – Order set a side to decide on merit [ S.251, 254(1) ]
S. 250 : Appeal – Commissioner (Appeals) – Not mentioning of service of notice – Order was passed without giving an opportunity – Order set a side to decide on merit [ S.251, 254(1) ]
S. 250 : Appeal – Commissioner (Appeals) – Duties – Ex parte – Required to dispose of the appeal of the assessee by an order in writing stating the points for determination, the decision thereon and the reasons for the decision- Directed to dispose the appeal on merits in accordance with law .[ S 68, 143(3) 148 ].
S.147: Reassessment – Client code modification – Income from undisclosed sources -Addition of entire addition as addition income – Reassessment was quashed and on merit addition was deleted.[ S.69 A , 148 ]
S. 147 : Reassessment – Reasons for initiation of those proceedings ceased to survive- Other than those in respect of which proceedings initiated will not survive .[ S.148 ]
S.147:Reassessment —Charitable Trust – On the basis of same set of facts, which were already available on record – Reassessment is not sustainable.- Delay of 212 days in filing of cross objection is condoned . [ S.2(15), 11 , 12AA ,148, 253(5) ]
S. 147 : Reassessment – No return filed prior to issue of notice — Annual Information Return Showing Deposits in Bank Accounts — No Compliance pursuant to notice — Reassessment notice is held to be valid- Unexplained investment- Agricultural income -Gift – Matter remanded to CIT (A) to pass speaking order . [ S. 69A ,144, 148 ]
S.145: Method of accounting – Fall in gross profit — Books of account not rejected – Ad hoc addition is not justified.
:
S.145: Method of accounting – Bogus purchases — Estimation of Income — Addition Equivalent to Gross profit rate of 0.18 Per Cent. on declared turnover upheld [ S.37(1), 144 , 145(3) ]
S. 144C : Reference to dispute resolution panel -Draft assessment order – Proceedings concluded – Assessing Officer quantifying taxable income and determining tax payable and issuing and serving demand notice —Subsequent proceedings and orders non est — Subsequent participation would not debar assessee to raise validity before appellate authority.
S. 144C : Reference to dispute resolution panel -Draft Assessment Order —Order in name of non-existing person — Not valid – Mistake neither procedural irregularity nor rectifiable [ S.292B ]