S. 147 : Reassessment-Client Code Modification-Cash credits-AO treated entire gross amount as undisclosed income-Only net gain taxable-No escapement of income-Delay of 442 days-SLP dismissed on account of delay. [S. 68, 148, Art. 136]
S. 147 : Reassessment-Client Code Modification-Cash credits-AO treated entire gross amount as undisclosed income-Only net gain taxable-No escapement of income-Delay of 442 days-SLP dismissed on account of delay. [S. 68, 148, Art. 136]
S.147: Reassessment-After the expiry of four years-Proceedings based on bogus ‘sauda chitthi’ neither on stamp paper nor registered nor notarized on plain paper-No income accrued on account of transfer of capital asset-No escapement of income chargeable to tax-Reassessment notice was quashed by High Court-SLP delay of 846 days-SLP dismissed on account ofdelay as well as on merits.[[S.2(47), 68, 148, Art. 136]
S. 144B : Faceless Assessment-Validity of assessment order under section 143(3) passed by serving Show Cause notice for variation of income on email Id not provided by the assessee-Assessment set aside and remanded back at the stage of Show cause proceeding.[S.143(3), 144B(1)(xii), Art. 226]
S. 143(3): Assessment-Appellate Tribunal-Reamnd-When an assessment is remanded by the ITAT and no final assessment order is passed pursuant to the remand, any further proceedings become time-barred-The AO must accept the return and refund amounts due, with interest. [S.92C, 143(2), 254(1), Art. 226]
S. 138: Information respecting assessee-Disclosure-Public interest-Information sought for use in criminal trial-Not permissible-RTI information already furnished-Criminal trial could not fall in category of public interest-No further disclosure under section 138(1)(b). [RTI Act, S. 498A IPC, Art. 226]
S. 132B: Search and seizure-Retained assets-Jurisdiction of High Court-Writ petition not maintainable where search and seizure conducted by authorities of another State-Remedy to be sought before jurisdictional High Court-SLP of assessee dismissed. [S. 132, Art. 136]
S. 127 : Power to transfer cases-Reasonable opportunity of being heard-Principle of natural justice-No Mandatory Requirement of personal Hearing-Writ petition dismissed. [S. 132, Art. 226]
S. 127 : Power to transfer cases-Centralisation of assessment-Suspicious cash transactions-Transfer from one jurisdiction to another-Assessee not disputing transactions-Order of transfer upheld-SLP of the assessee challenging transfer dismissed.[S. 127(2)(a), Art. 136.]
S. 119 : Central Board of Direct Taxes-Circular-Charitable trust-Delay of 353 days in filing audit report in Form 10B-Genuine hardship due to Covid-19 and auditor’s negligence-Condonation of delay-Matter remanded for granting exemption.[S. 12A, 119(2)(b), R.17B, Form No.10B, Art. 226]
S. 119 : Central Board of Direct Taxes-Circular-Charitable Trust-Delay in Filing Form 10-Delay of 522 days-Due to Auditor’s Negligence-Condonation of Delay-Matter Remanded for Granting Exemption.[S.11, 12A, 119(2)(b), Form No 10, Art. 226]