S. 250 : Appeal – Commissioner (Appeals) -Duties – Ex -parte order -Mandatory procedure to formulate points in dispute and thereafter record reasons on such points — Failure to appear on appointed day , CIT (A ) cannot dismiss the appeal in Limine – He ought to have decided on merits . [ S. 131, 250(6) ]
S. 153A : Assessment – Search- No incriminating material was found in the course of search – Addition is held to be not valid [ S.37(1) 132, 143(3) ]
S. 147 : Reassessment – Cash deposit in bank in excess of Rs. 10 lakhs – Salary income lower than the threshold limit – Information available with Assessing Officer vague and without any proper identification and quantification of escaped income — Reassessment is held to be not valid [ S.148 ]
S. 147 : Reassessment – Capital gains- HUF – Individual – No direction was given buy the Appellate Tribunal – Reassessment is held to be not valid .[ S.148 ]
S.147: Reassessment- After the expiry of four years- Capital gains- No failure to disclose any material facts – The reason must specify the nature of default or failure on the part of the assessee- Reassessment is not valid [ S.45 , 148 ]
S. 144 : Best judgment assessment – Books of account audited – Income estimated on the basis of estimate basis is held to be not justified – Income has to be determined as per the audited books of account in accordance with law [ S.271B ]
S.92C: Transfer pricing — Arm’s length price — Reimbursement of expenses- Addition is held to be not valid .
S. 80P : Co-operative societies – Member of Federation- Bonus- Dividend —Bonus to be considered as dividend- Assessing Officer is directed to verify the nature of the bonus received .[ S.80P(2) (d)
S. 68 : Cash credits – Share application money — Share premium – Not establishing the creditworthiness – Investment through conduit of investor companies-Addition is held to be justified .
S.54F : Capital gains- Investment in a residential house -Vacant land – Not residential property – Entitle to exemption- Cost of acquisition — Fair market value ass on 1-4-1981 —Higher than guidelines value – Estimate is held to be reasonable . [S.45, 55(2)(b) (1) ]