S. 234A : Interest – Default in furnishing return of income – Waiver of interest -Power of CBDT – Incapacitated for making any payment due to wound up – Entitle to partial relief [ S.119 . 234B, 234C ]
S. 234A : Interest – Default in furnishing return of income – Waiver of interest -Power of CBDT – Incapacitated for making any payment due to wound up – Entitle to partial relief [ S.119 . 234B, 234C ]
S. 226 : Collection and recovery – Modes of recovery – Stay of demand- Pendency of rectification application- No coercive steps to be taken till the rectification application is disposed off [ S.80P, 154, 225 250, Art .226 ]
S. 154 : Rectification of mistake – Change of opinion – Capital gains – Land used for agricultural purposes – Claim allowed in original assessment proceedings- Assessee means individual only or it includes HUF- Debatable issue – Rectification order is held to be not valid in law .[ S.45 , 54B ]
S. 153C : Assessment – Income of any other person – Search – Satisfaction – Additional ground – Date on which satisfaction is recorded by the Assessing Officer for invoking the provisions would be deemed to be the date of receiving documents by the Assessing Officer of other person- Allowed the additional ground and quashed the assessment order . [ S. 132, 132A 144 ]
S.147: Reassessment – Information received in a subsequent assessment year is a valid reason to reopen an assessment for earlier year – Compensation taxable as income from house property [ S.22, 143(1)]
S.147: Reassessment – Carry forward and set off losses – Change in the structure of entity from Trust to LLP – Status of an entity incorporated abroad has to be determined even in India according to the law of the Country where the entity was incorporated – Notice to reassessment was quashed [ S. 74, 148 , Art .226 ]
S.147: Reassessment – After the expiry of four years- Earlier proceedings quashed on technical ground- Fresh notice for reopening and rectifying the error is valid [ S.148, Art, 226 ]
S.147: Reassessment-After the expiry of four years- Failure to deduct tax at source- No failure to disclose material facts – Change of opinion- Reassessment is held to be not valid [ S. 44AB, 148, 194I ]
S. 145 : Method of accounting – Books of account cannot be rejected merely for non -maintenance of stock register [ S.145(3)
S. 144C : Reference to dispute resolution panel – Section 144C inserted by the Finance ( No.2) Act , 2009 with retrospective effect from Ist April , 2009 is prospective in nature and would not apply to AY. 2009 -10 or earlier assessment years – Order passed is beyond limitation hence null and void . [ S.143(3) 153(1) ]