S. 2(22)(e) : Deemed dividend-Share holder-10% share holdings-Transfer of shares before advancement of loan-Addition cannot be made as deemed dividend.
S. 2(22)(e) : Deemed dividend-Share holder-10% share holdings-Transfer of shares before advancement of loan-Addition cannot be made as deemed dividend.
S. 2(14)(iii) : Capital asset-Agricultural land-Valuation-Matter remanded to the Assessing Officer with a direction to find out as to whether agricultural land fell within meaning of capital asset. [S. 56(2)(vii)(b)].
S. 271(1)(c) : Penalty-Concealment-Long term capital gains-Sale of land-Failure to discloses-Information through AIR-Explanation was not bonafide-Levy of penalty is held to be justified-Question of defects in the notice was not allowed to be raised first time before the High Court. [S. 143(2), 260A, 274]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Banking company-lapsed demand drafts, gift cheques etc-General Reserve-Write back allowed as business loss-Revision is held to be not valid. [S. 28(i)]
S. 261 : Appeal-Supreme Court-Decision of Jurisdictional High Court is binding though the SLP is pending before Supreme Court-Low tax effect-SLP filed by the revenue is dismissed as withdrawn due to low tax effect. [S. 14A, R.8D]
S. 254(1) : Appellate Tribunal-Powers-Revised return-Remanded to the Assessing Officer to assessee the original return. [S. 139(5)]
S. 254(1) : Appellate Tribunal-Duties-Condonation of delay of 317 days-Delay was condoned and CIT(A) is directed to hear the appeal on merits. [S. 250]
S. 245D : Settlement Commission-After a period of one year from settlement, revenue could not be allowed to raise said technical plea, as with mere change of Revenue Officer, opinion cannot be allowed to change. [S. 245C, 245D(4), Art.226]
S. 153A : Assessment-Search-Cash seized-Failure to produce material-Addition is held to be justified. [S. 132]
S. 153A : Assessment-Search-No incriminating material was found- Assessment attained finality-Completed assessment could not be disturbed. [S. 132, 143(1), 143(3)]