S.147: Reassessment-After the expiry of four years- Mutual association – Interest from fixed deposits- A subsequent decision of the Supreme Court reversing the legal position existing at the time of passing of the assessment order could not be called an omission or failure on the part of the assessee to disclose fully and truly the material fact necessary for the relevant assessment- No failure to disclose material facts – Reassessment notice is held to be bad in law [ S. 4, 148 ]
S. 145 : Method of accounting – Completed contract method- Consistently followed and accepted by revenue —Method cannot be rejected .
S. 144C : Reference to dispute resolution panel -Draft assessment order — Limitation for filing objections – Draft assessment order served through Electronic mode on an earlier date but assessee opting for manual proceedings — Limitation to be calculated from date of receipt of draft assessment order manually. [ S.144C(2) Art , 226 ]
S.143(3): Assessment – Stock Exchange — Duty only to ensure tax collected, Determined In Accordance with Act and Rules – Stock Exchange Cannot Collect Securities Transaction Tax Beyond Client Code — Addition to income of Stock Exchange on the ground that higher Securities Transaction Tax ought to have been collected — Held to be not Justified .[ Securities Transaction Tax Act, 2004. ]
S.143(3) : Assessment- Survey- Telescoping and reducing the addition – Income from undisclosed sources — Additions deleted by Tribunal on facts — No substantial question of law .[ S. 133A, 260A, 292C ]
S. 143(2) : Assessment – Notice – Refund – Issue of notice does not prevent Assessing Officer from processing return — Assessing Officer must apply his mind and decide whether refund can be given. [ S.241A ]
S. 133 : Power to call for information – Survey – Notifications Dt. 19-8-2011 and 1-11-2011 -ITO (Intelligence) has power to issue notices to Co-Operative Banks [ S.120, 133(6) ]
S. 133 : Power to call for information – Survey – Notifications Dt. 19-8-2011 and 1-11-2011 -ITO (Intelligence) has power to issue notices to Co-Operative Banks [ S.120, 133(6) ]
S. 127 : Power to transfer cases – Order of transfer not challenged till Issuance of notice- Delay not explained — Opportunity given to file objections not utilised – Transfer of case for centralisation of cases to facilitate investigation — Order need not be interfered with. [ S.127(2) 132 , 153A ]
S. 115JB : Book profit – Brought forward loss or unabsorbed Depreciation —Non-consideration of claim for deduction- Matter Remanded Tribunal [ S.10A ]