S. 144B : Faceless Assessment – Draft assessment order – Natural justice – Order passed without following the procedures laid down under section 144B of the Act is ab-initio -void [S. 143 (3), Art , 226 ]
S. 144B : Faceless Assessment – Draft assessment order – Natural justice – Order passed without following the procedures laid down under section 144B of the Act is ab-initio -void [S. 143 (3), Art , 226 ]
S. 11 : Property held for charitable purposes – Charitable purpose – Strive to promote the trade , commerce and manufacturers of India without seeking to make profits for its members is charitable purpose – Denial of exemption is held to be not justified [ S. 2(15 ) ]
S. 281 : Certain transfers to be void-Property transferred prior to passing of assessment orders-Attachment-Order of PCIT was set aside-Tax Recovery Officer is competent authority to pass appropriate order-Matter remanded to the Tax Recovery Officer. [S. 221(1), Sch. II, R. 11, Art. 226]
S. 271(1)(c) : Penalty-Concealment-Failure to file return-Deemed concealment-Survey-Returns filed after receipt of notice under section 148 of the Act-Explanation 3 is satisfied-Levy of penalty is justified. [S. 133A, 148, 153, 274]
S. 271(1)(c) : Penalty-Concealment-New claim-Change in accounting method-Not a case of concealment of income or furnishing of inaccurate particulars-Deletion of penalty is held to be justified. [S. 132, 145, 153A]
S. 269UD : Purchase by Central Government of immoveable properties-Leasehold rights in property-Central Government in possession of property after expiry of lease-Central Government is Liable to pay Municipal taxes on property. [S. 269UD(1), Art. 285, Mumbai Municipal Corporation Act, 1888, S. 139]
S. 264 : Commissioner-Revision of other orders-Export of computer software-Omitting to claim exemption in return-Rejection Of Rectification-Revision application was rejected on the ground that delay in filing the revised return-Rejection of revision application was held to be not justified-Directed to allow the claim made u/s. 154 of the Act. [S. 139(5), 143(1), 154, Art.226]
S. 264 : Commissioner-Revision of other orders-Delay in filing revised return claiming benefit under-Substantive benefit cannot be denied on ground of procedural formality-Delay was condoned and directed to pass a speaking order with in a period of three months from the date of receipt of a copy of the order. [S. 80JJAA, 139(5), 288(2), Art. 226]
S. 254(1) : Appellate Tribunal-Powers-Remand of matter-Power must be exercised judiciously-Remand was held to be not valid-Order of CIT (A) allowing the claim is affirmed. [S. 80JJA, 250(4)]
S. 254(1) : Appellate Tribunal-Powers-Order of remand by Tribunal without reasons-Held to be not justified. [S. 115JB]