Prohibition of Benami Property Transactions Act, 1988
S. 2(8): Benami property-Provisions of 1988 Act (Ss. 3 & 5) prior to 2016 amendment unconstitutional-SLP not maintainable-Review dismissed.[S. 3, 5, Art. 136]
Prohibition of Benami Property Transactions Act, 1988
S. 2(8): Benami property-Provisions of 1988 Act (Ss. 3 & 5) prior to 2016 amendment unconstitutional-SLP not maintainable-Review dismissed.[S. 3, 5, Art. 136]
Direct Tax Vivad Se Vishwas Act, 2020.
S. 2(j): Disputed tax-Only 50% payable where appeal is decided in Revenue’s favour-Higher demand illegal-Fresh Form-3 was directed to be issued. [S. 3(1), Art. 226]
S. 264 :Commissioner-Revision of other orders-Valuation of property-Income from other sources-Stamp valuation-Authorised representative wrongly admitted the addition-No objection was raised before the Assessing Officer prior to the assessment order being passed-Assessee entitled to raise objections before revisional authority or before the CIT(A)-Commissioner’s rejection set aside. [S. 50C(2), 56(2)(vii)(b)(ii), 246A, Art. 226]
S. 260A : Appeal-Additional evidence-Communications exchanged between assessee and Revenue-Admissible as evidence in appeal proceedings. [CPC, 1908, O. XLI, r. 27; Art. 226]
S. 253 : Appellate Tribunal-Delay of 166 days-Justice-oriented approach-Delay condoned-Tribunal directed to decide appeal on merits.[S. 254(1), Art. 136]
S. 239 : Refunds-Limitation-Refund of tax erroneously withheld-CBDT Circular ultra vires-Refund cannot be denied.[S. 119(2), 195, 237, Art. 226]
S. 237: Refunds-Condonation of delay-Reasonable cause-Date of claim in return relevant-Subsequent formal application immaterial-Refund allowed. [S. 119(2)(b), 139, Art. 226]
S. 226 : Collection and recovery-Modes of recovery-Resolution Plan under IBC-Tax liability not shown as contingent liability-Subsequent demand invalid. [S. 154, IBC 2016 S. 31(1), 61, 62, Art. 136]
S. 206C: Collection at source-Trading-Forest produce-Scrap-Declarant in Form 27C is purchaser and not seller-Revenue’s contention rejected. [S. 206C(1A), R. 37C, Form 27C]
S. 205 : Deduction at source-Bar against direct demand-Employer failed to deposit TDS deducted from salary-Demand cannot be raised against employee-Directions to CBDT to harassment in future-Technology/software must be rectified. [S. 119, 192, Art. 226]