S. 253 : Appellate Tribunal – Cross objection- Ground can be raised for the first time which was not taken even in an appeal before CIT(A) [ S.14A, 254(1) R.8D ,Form 36A , Code of Civil Procedure , 1908 , Order, 9 , Rule, 3 ]
S. 253 : Appellate Tribunal – Cross objection- Ground can be raised for the first time which was not taken even in an appeal before CIT(A) [ S.14A, 254(1) R.8D ,Form 36A , Code of Civil Procedure , 1908 , Order, 9 , Rule, 3 ]
S. 250 : Appeal – Commissioner (Appeals) – Duties – Dismissal of appeal merely on technical ground that written submission field by the assessee did not bear the signature of assessee is held to be not justified – Matter remanded to the file of CIT (A) to decide the issue on merit [ S.250(6), 271 AAA ]
S. 250 : Appeal – Commissioner (Appeals) – Duties- Rectification of defects – Power to grant stay – Dismissing the statutory appeal on grounds of limitation would result in failure of justice- Directed the CIT (A) to decide on merit . [ S.251 , Art , 226 ]
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 ]