S. 197 : Deduction at source-Certificate for lower rate-Non-Resident-Most Favoured Nation-Protocol providing for deduction at lower rate-Tax to be deducted at rate as provided in agreement-DTAA-India-Netherlands. [S. 9(1) (1), Art. 10, Art. 136]
S. 197 : Deduction at source-Certificate for lower rate-Non-Resident-Most Favoured Nation-Protocol providing for deduction at lower rate-Tax to be deducted at rate as provided in agreement-DTAA-India-Netherlands. [S. 9(1) (1), Art. 10, Art. 136]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Revenue itself wanted the Order under S. 148A(d) to be set aside with liberty to issue fresh notice under S. 148A(b)-Order of High Court rejecting Writ Application of the Petitioner thereby affirming the order under S. 148A(d) is set aside with liberty as prayed for. [S. 147, 148, 148A(b), 148A(d), Art. 136]
S. 80DD: Medical treatment of dependent-Disability-Amendment made to S. 80DD vide Finance Act, 2022 cannot be applied retrospectively to policies taken prior to 2014. [Art. 32, 142]
S. 68: Cash credits-SLP dismissed against High Court’s finding that additions were unjustified-Huge amounts deposited in foreign bank account in Geneva-Assessee pleaded that bank account belonged to nephew situated in UK-Assessee was an agriculturist and his name was struck from the bank account much prior to his visit to Geneva-SLP dismissed also on the ground of delay of 233 days, which was not explained properly.[Art. 136]
S. 68: Cash credits-AO made additions towards consideration received by assessee on sale of shares-Assessee had duly disclosed receipt of capital gains and offered for tax-No occasion for making addition-SLP to be dismissed on ground of low tax effect. [S. 153A, Art. 136].
S. 28(i): Business income-Capital gains-Delay of 752 days-Not satisfactorily explained-SLP of Revenue is dismissed on account of limitation. [S. 45, Art. 136]
S. 2(47) : Transfer-definition-Extinguishment of any right there in-Reduction of share capital by company amounts to reduction of rights of shareholder to share in distribution of net assets upon liquidation extinguished proportionately-Such reduction of rights is Transfer within the meaning of section 2(47) of the Act.[S. 45]
S.271D: Penalty-Takes or accepts any loan or deposit-Receipt of share application money in cash-The amount received by the assessee towards share application money did not fall under the purview of loan or deposits under S. 269SS and consequently, penalty under s. 271D was not leviable.[S.269SS]
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Undisclosed income-Surrender of additional income during search-No specific discrepancy-Penalty is deleted.[S. 132, 132(4)]
S. 271(1)(c) : Penalty-Concealment-NCLT approved the plan-Penalty levied does not survive-Penalty is deleted. [S. 156, Insolvency and Bankruptcy Code 2016. 30(2), 31(1), 238]