S. 11: Property held for charitable purposes -Charitable Trust – Delay in filing Form No. 9A – Appellate authorities have power to examine claim independently notwithstanding rejection of condonation application under section 119(2)(b) – Delay of about three months condoned –The Assessing Officer was directed to allow the exemption.[S.12 ,119(2)(b) , Rule 17, Form No. 9A]
S. 271AAB: Penalty-Search initiated on or after 1st day of July 2012- Voluntary surrender of income-Estimated disallowance of expenditure-Not “undisclosed income”-Penalty deleted- Show-cause notice not specifying applicable clause-Penalty void ab initio. [S. 132, 153A, 274]
S. 263: Commissioner- Revision of orders prejudicial to revenue-Non-resident-Offshore supply contract-Offshore design, engineering and commissioning performed outside India-Receipts not taxable in India-Revision under section 263 not justified.[S. 44BB]
S. 234B: Interest-Advance tax- Tax deductible at source-Interest to be recomputed after allowing TDS credit.[S. 199]
S. 234B: Interest- Advance tax- Transfer Pricing-Retrospective amendment-Advance tax-Interest under section 234B not leviable on transfer pricing adjustment arising from subsequent retrospective amendment. [S.92B]
S. 154: Rectification of mistake-Mistake apparent from the record- Error in computation sheet-Assessing Officer directed to rectify.
S. 153C: Assessment- Income of any other person- Search-Absence of satisfaction note and incriminating material-Assessment invalid.[S. 132]
S. 153C : Assessment- Income of any other person- Search- Incriminating documents specifically identifying assessee-Addition upheld- Cash payments evidenced by seized documents-Failure to rebut evidence-Addition sustained- Satisfaction under amended provision-Proceedings valid.[S 69A, 69C,. 132, 133A, 153A]
S. 147: Reassessment- Income from other sources-Interest reflected in Form 26AS-No actual receipt-Addition deleted- Reassessment was invalid.[S. 56, 148, Form No. 26AS]
S. 144: Best judgment assessment- Rejection of books-Estimation of income-Addition restricted on basis of earlier accepted profit rate. [S. 44AB, 145(3)]