Kar Vivad Samadhan Scheme ,1998
S. 90 : Tax arrear – Since the revenue had appropriated the amount against tax liability for the Assessment year 1987 -88 computation / calculation of penalty and interest for the said assessment year in certificate of intimation dated 26 -2 -1999 was not justified [ Art . 226 ]
S. 271(1)(c) : Penalty – Concealment –Capital gains – Year of taxability – Offered on the basis of consideration received – In response to notice u/s 148 the entire consideration was offered and accepted – levy of penalty is held to be not justified for furnishing in accurate particulars of income [ S.45 , 147 ,148 ]
S. 271(1)(c) : Penalty – Concealment –Capital gains – Year of taxability – Offered on the basis of consideration received – In response to notice u/s 148 the entire consideration was offered and accepted – levy of penalty is held to be not justified for furnishing in accurate particulars of income [ S.45 , 147 ,148 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Set off of carried forward loss (Unabsorbed portion of depreciation) [ S.68 71 ,115BBE [
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Set off of carried forward loss (Unabsorbed portion of depreciation) [ S.68 71 ,115BBE [
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Shipping business – Non-residents –Failure to deduct tax at source – Revision is held to be not valid – Order of Appellate Tribunal is affirmed [ S. 40(a)(ia) , 143 (3) , 172 194C , 195 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Unexplained investments -Increase in capital investment – Specific question was raised in the original assessment proceedings – Revision is held to be bad in law [ S.69 ]
S.260A : Appeal – High Court –Appellate Tribunal -Stay granted matters – Delay of more than 365 days – Delay in disposal of appeal not attributable to assessee- No substantial question of law . [ S.254(2A) ]
S. 251 : Appeal – Commissioner (Appeals) – Duties Cross examination of witness –Order of High Court set aside and matter remanded to the Office of CIT (A) to give an opportunity of cross examination of witness and decide according to law – Demand and attachment stayed until the matter decided by the CIT (A) [ S. 220 ]
S. 246A : Appeal – Commissioner (Appeals) – Stay -Rejection of stay application blindly following the office memorandum was set aside – Directed to decide the stay application on merit [ S. 226 250 , Art , 226 ]