S. 260A : Appeal – High Court -Dismissal of appeal on grounds of delay in fling of appeal – Cash credits -No substantial question of law [ S .68 254(1) ]
S. 260A : Appeal – High Court -Dismissal of appeal on grounds of delay in fling of appeal – Cash credits -No substantial question of law [ S .68 254(1) ]
S.28(i):Business — Income from house property —Object of developing commercial complexes —Income earned assessable as business income [ S.22 ]
S.254(1) : Appellate Tribunal — Powers- Remand – Deduction at source – The Tribunal being the fact finding authority ought to look into the facts before ordering a remand on the basis of the directions issued by the Supreme Court. [ S. 194J , 201(1) 271C ]
S.45: Capital gains — Transfer of bonus shares — Bonus shares in respect of shares held as stock-in-trade — No presumption that bonus shares constituted stock-in-trade — Tribunal justified in treating bonus shares as investments [ S.28(i) ]
S.32:Depreciation — Windmill —Additional depreciation – Trial run – Business of manufacture of matches- Windmill for production of electricity —Entitle to depreciation and additional depreciation .[ S.32(1)(iia) ]
S. 271C : Penalty – Failure to deduct at source – Land Acquisition Authority – Interest payment on delayed compensation voluntarily paid to farmers -Technical breach – Levy of penalty is held to be not valid [ S.194A , Rule 29C ]
S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012- Disclosure of additional income in statement recorded under S. 132(4) itself is not sufficient to levy penalty unless income so disclosed falls in definition of undisclosed income defined in Explanation to S. 271AAB(1) [ S.69C , 132(4) 153 (B) (1)( b) ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Best judgement assessment-Interest and remuneration paid to partners-Revision of order is held to be valid . [ S.144 , 184(5) ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue – TDS Mismatch – PCIT has issued show cause notice for seven issues and passed the revision order – Appellate Tribunal quashed the revision order after discussion all seven issues [ S .4 ,14A 37(1) 40A(2) 41(1) 43(6) 48 , 50C ,80IC ,92CA ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Bad debt – Penalties – AO has called the relevant details in the course of assessment proceedings which were filed – Order of revision is held to be not valid . [ S.36(1) (vii) 37(1), 43B ]