S. 28(i): Business income-Rental income-Maintenance charges received under separate arrangement-Taxable as business income and not as income from house property. [S. 2(13, 22 44AD]
S. 28(i): Business income-Rental income-Maintenance charges received under separate arrangement-Taxable as business income and not as income from house property. [S. 2(13, 22 44AD]
S. 23: Income from house property- Annual value-Property remaining vacant throughout year-Notional annual value assessable- Mere inability to secure a tenant throughout the year does not preclude assessment of notional rental income. [S. 22, 23(1)(a)]
S. 17(2): Salary- Perquisite- Rent-free accommodation-Existence of concession is a jurisdictional fact-Rule 3 cannot be invoked without such finding-n Indian Institute of Technology-Not Central Government employer-Rule applicable to Central Government employees not attracted. [S. 15, 17(2)(ii), R. 3 of the Income-tax Rules, 1962]
S.14A: Disallowance of expenditure- Exempt income-Dividend income-Investments made out of own funds-No interest disallowance-Administrative expenditure to be reasonably apportioned.[S.10(33), R.8D]
S. 9(1)(vii): Income deemed to accrue or arise in India- Fees for technical services-Non-resident-DTAA-Most Favoured Nation clause-Relevant date is date of treaty and not subsequent OECD membership-Treaty benefit denied- Corporate guarantee fee-Not managerial, technical or consultancy service-Not Fees for Technical Services- Reimbursement of social security contribution of seconded employees-Fees for Technical Services-Surcharge and education cess-Not leviable where treaty prescribes tax rate.-India-France.[S.90, Art. 12, 13]
S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-Failure to comply with summons under section 131-Reasonable cause established-Penalty deleted.[S. 131, 272A(1)(c), 273B]
S. 263: Commissioner-Revision of orders prejudicial to revenue-Assessing Officer conducted detailed enquiry-Mere absence of discussion in assessment order not sufficient-Revision quashed-Failure of Principal Commissioner to examine entire assessment record-Earlier reassessment order ignored-Revision without jurisdiction.[S. 143(3)]
S. 263: Commissioner-Revision of orders prejudicial to revenue-Reassessment initiated to verify alleged accommodation loans-No evidence of receipt of loans found in books or bank accounts-Revision based on suspicion-Order quashed. [S. 68, 147, 148]
S. 263: Commissioner-Revision of orders prejudicial to revenue-Survey-Surrender of excess cash and unaccounted advances as professional income-Assessing Officer after due enquiry accepting claim-Revision held invalid. [S.69A 115BBE, 133A]
S. 263: Commissioner-Revision of orders prejudicial to revenue-Capital introduced by partners-Burden to explain source lies on partners-Assessment of firm not erroneous-Cash deposits in bank-Cash sales recorded in books and accepted-Revision invalid-Audit objection-Internal audit information can form basis-Independent application of mind by Principal Commissioner sufficient-Unsecured loan-Issue not challenged by assessee-Matter restored to Assessing Officer.[S.68, 143(3)]