S. 28(i) : Business income-Adventure in the nature of trade-Surplus on sale of premises-Where assessee-company, dealing in real estate, sold office premises before taking possession, surplus was assessable as business income as cumulative facts established intention was to resell for profit, not for own use. [S. 45, 260A]
S. 14A : Disallowance of expenditure-Exempt income-Shares held as stock‑in‑trade excluded from Rule 8D; no disallowance where assessee’s own funds exceed tax‑free investments. [R. 8D]
Prohibition of Benami Property Transactions Act, 1988.
S.5: Property held benami liable to confiscation-Benami transactions-Change of law-Order of Tribunal following Supreme Court decision holding amendments brought in 2016 not retrospective-Appeal against order passed by Tribunal Department given liberty to proceed based on outcome of review petition filed before Supreme Court. [S. 2(9), 3,4, Art. 226]
Electricity Act, 2003,
S. 3: Writ-Maintainability-State instrumentality-Tariff determination-Renewable energy-Wind power-Accelerated depreciation-The Nigam could not take advantage of its dominant position to bind them to an inapplicable tariff for the entire project life-The plea of estoppel based on execution of power purchase agreements was rejected-Orders of the Electricity Commission and the Appellate Tribunal were upheld.-Order No. 1 of 2010 dated 30-1-2010. [S, 61(h), 62(1)(a), 86(1)(e) Income-tax Act, 1961, S. 32, Art.12, 226]
Kar Vivad Samadhan Scheme, 1998
S. 88:Settelemt of tax payable-Declaration-Person-Settlement of Income-tax dispute under Scheme-Assessment proceedings cannot continue Kar Vivad Samadhan Scheme.[S. 87(k),92, Art.226
S. 276CC : Offences and prosecutions-Failure to furnish return of income-High Court refusing to quash criminal proceedings-Filed revised Income-tax return-Penalty proceedings dropped and refund ordered-On facts continuing criminal proceedings would be unnecessary prosecution quashed. [Criminal Procedure Code, 1973, S 482, Art. 136]
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Delay not caused with mala fide intention but due to absence of concerned staff on maternity leave Subsequent compliance by delayed remittance-Criminal proceedings quashed-SLP of revenue dismissed. [S. 200(1), 278AA-Criminal Procedure Code, 1973, S. 482, Art. 136]
S. 271(1)(c) : Penalty-Concealment-Additional bonus liability-Amnesty return-Merely raising claim subsequently found inadmissible in law would not amount to concealment or furnishing of inaccurate particulars-Penalty unsustainable.[S. 43B]
S. 264 :Commissioner-Revision of other orders-Failure to respond questions-Hospitalisation-Genuine reasons-Rejection of application was quashed. [Art. 226]
S. 263: Commissioner-Revision of orders prejudicial to revenue-
Penalty Concealment of income or furnishing inaccurate particulars thereof-Specific charge-Assessing Officer recording satisfaction under section 271AAB and not under section 271(1)(c) during assessment proceedings-Revisional authority’s direction to initiate proceedings under section 271(1)(c) without such satisfaction unsustainable-Tribunal justified in setting aside revisional order.[S. 260A, 271(1)(c), 271AAB.]