S. 10 (23C): Educational institution- Providing accommodation and food and beverages, Etc – Not commercial activities – Entitle to exemption [ S. 2(15), 10 (23C) (iv) ]
S. 10 (23C): Educational institution- Providing accommodation and food and beverages, Etc – Not commercial activities – Entitle to exemption [ S. 2(15), 10 (23C) (iv) ]
S. 271AAB : Penalty-Search initiated on or after 1st day of July 2012-Undisclosed income-Surrendering additional business income-Levy of penalty at 10 Per Cent. on undisclosed income-No further appeal filed against order-Penalty justified-Difference in valuation-Not undisclosed income-Levy of penalty is not justified. [S. 132(4), 153B(1)(b)]
S. 271(1)(c) : Penalty-Concealment-Notice not specifying contravention for which issued-Notice defective-Penalty not sustainable.
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Gift deed not registered-Gift of immoveable property from daughter-Revision is held to be without jurisdiction.
S. 234B : Interest-Advance tax-Non-Resident-No advance tax payable-Interest not leviable up to assessment year 2012-13-Interest could be levied from assessment year 2013-14 onwards. [S. 209(1)(d)]
S. 201 : Deduction at source-Failure to deduct or pay-Short Deduction-Order passed beyond two years from end of financial year in which statements of tax deducted at source filed-Order Barred by imitation-Payment to contractor-Matter remanded. [S. 194C, 194J, 201(1), 201(IA)]
S. 194H : Deduction at source-Commission or brokerage-Payment received by agent-Principal to principal-Expenses on doctors and stockists, dealers and field staff-Not liable to deduct tax at source.
S. 154 : Rectification of mistake-Limitation-Doctrine of merger Notice proposing to rectify Assessing Officer’s order giving effect to order of Tribunal on appeal from order of revision by Commissioner-Limitation to be reckoned from date of original assessment order and not of order giving effect to Tribunal’s order. [S. 80IA, 154(7), 254(1), 263]
S. 153C : Assessment-Income of any other person-Search-Deposit made by members-No incriminating material was found-Addition is held to be not sustainable. [S. 132]
S. 153C : Assessment-Income of any other person-Search Presumption operates only against person from whose possession document found-Loose paper-Statement of person against whom search conducted-Cross examination not allowed-Addition is held to be not justified. [S. 132(4A), 292C]