S. 234D : Interest on excess refund – Provision applicable only from 1-6-2003.
S. 234D : Interest on excess refund – Provision applicable only from 1-6-2003.
S. 220 : Collection and recovery – Assessee deemed in default – Waiver of interest -All three conditions to be satisfied cumulatively — Order rejection of waiver is held to be justified [ S. 132, 153A, 153C,220(2A), 234A, 234B, 234C , Art .226 ]
S. 194H : Deduction at source – Commission or brokerage – Credit card holder-Transactions on principal to principal basis – Not liable to deduct tax at source [ S.40(a)(ia ) ]
S. 158BC : Block assessment – Document seized during search — Statutory presumption that document belongs to person from whose possession seized — Burden on person to rebut presumption — Document disclosing receipt of on-money-Addition is held to be justified [ S.132(4A) ]
S. 153A : Assessment – Search- No incriminating material found during search — Mere recording of satisfaction regarding undisclosed income not sufficient — Addition is held to be not valid [ S.132 ]
S. 153 : Assessment – Reassessment – Limitation -Direction by Commissioner (Appeals) to assess income in hands of third person — Notice of reassessment issued to such third person- Held to be valid [ S.147, 148 , 150, 250 ]
S. 147 : Reassessment -Report of Investigation wing of Department- Notice issued after application of mind – Notice is valid [ S.148, Art , 226 ]
S. 147 : Reassessment – Interest or Remuneration- Reassessment on presumption of receipt is held to be not valid [ S.148 ]
S. 147 : Reassessment – Bogus donation – Report of CBI – Reassessment is held to be valid – Failure to prove donations were genuine — Addition is held to be valid [ S.68, 148 ]
S. 144 : Best judgment assessment – Violation of principles of natural justice— Writ against the order – Matter remanded [S.69A, 115BBE, Art . 226 ]