S. 147 : Reassessment-Principal officer-Director for short period-Assessee cannot be held to be Principal Officer-Notice was set aside. [S. 2(35), Art. 226]
S. 147 : Reassessment-Principal officer-Director for short period-Assessee cannot be held to be Principal Officer-Notice was set aside. [S. 2(35), Art. 226]
S. 147 : Reassessment- After the expiry of four years-Deduction at source-Rent-Audit objection-Reassessment is held to be not valid. [S. 40(a)(ia) , 148 , 194I]
S.143(3) : Assessment -Unexplained money-Initiation of penalty proceedings-Cryptic order-Non issue of notice-Violation of principle of natural justice-Writ is not maintainable. [S. 69C, 142(1), 271AAC, Art. 226]
S. 143(3) : Assessment-Mismatched PAN-Demonetised notes- Assessment order was passed without considering material produced by assesse-Court directed to redo the assessment after considering the materials on record. [Art. 226]
S. 127 : Power to transfer cases-Search and Seizure-Show cause notice had clearly spelt out reasons for proposed transfer of case of assesse-Dismissal of petition by High Court is affirmed. [S. 132 Art. 226]
S. 115A : Foreign companies-Tax-Dividends-Royalty-Technical services fees-Rates prevailing during different periods under DTAA and under section 115A which were more beneficial to assessee, had to be applied-DTAA-India-USA. [S. 90(2), Art. 12]
S. 92C : Transfer pricing-Arm’s length price-TPO passing the order without following the Direction of the Appellate Tribunal-Alternative remedy is available-Writ is not maintainable-Order of single judge rejecting the Writ petition is affirmed. [S. 92CA, 143, 144C, 148, Art. 226]
S. 80IC : Special category states-Consumption of electricity-Mismatch of production-Denial of exemption is held to be not justifies.
S. 80IB : Industrial undertakings-Failure to provide details of number of workmen working in each units in form No. 10CCB-Denial of exemption is held to be not valid. [Form no. 10CCB]
S. 70 : Set off loss-One source against income from another source- Same head of income-Could be set off against income of assessee under same head from other unit not eligible for deduction under said section- Matter remanded to the Tribunal. [S. 10B, 71, 80B(5), 80IC]