S. 190 : Collection and recovery – Deduction at source – Advance payment – Reimbursement of expenses – No income arises — Tax not deductible at source- When no composite bills are issued but separate bills are issued towards reimbursement of transportation charges, Circular No. 715 ([1995] 215 ITR (St.) 12) is not applicable [ .4 , 5 ]
S. 154 : Rectification of mistake – Recovery of tax – Prima facie case, financial stringency and balance of convenience- Rejection of application for stay of demand in a cryptic manner is held to be not justified .[ S.220(2), 221 ]
S. 153A : Assessment – Search- Deletion of addition after considering the evidence is held to be valid [ S.132, 260A ]
S. 148 : Reassessment – Notice – Alternative remedy- Notice issued after proper sanction — No return submitted in response to notice — Notice cannot be quashed [ S. 147, 151 , Art. 226].
S. 147 : Reassessment – Notice – Appeal filed from order of reassessment – Writ is not maintainable at the stage of issue of notice – Writ dismissed [ S.148 , Art , 226 ]
S. 147 : Reassessment –With in four years- Change of opinion -Speculative transaction — Business of manufacturing and trading of bullion and jewellery- Review of decision is impermissible – Business loss- Held to be not valid [ S.43(5), 148 ]
S. 147 : Reassessment –With in four years-Land – Agricultural land – Assessment of Co -owner is accepted u/s 143(3) of the Act – Reassessment is held to be not valid [ S .2 (14) ,54 , 54F , 143(3) ,148 ]
S. 147 : Reassessment –With in four years- Capital gains – Advance received for transfer of capital asset – Reassessment is held to be not valid- Joint development agreement – The amount has not accrued – Addition could not be made even on merit . [ S. 2(47) (v), 45, 56 , 148 ]
S.147: Reassessment- After the expiry of four years- No failure to disclose material facts- Notice to withdrawal of exemption is held to be not valid . [ S.10(15) (iv), S.148 ,154,Art , 226 ]
S.147: Reassessment- After the expiry of four years- No failure to furnish material facts necessary for assessment — Purchase and sale of shares- Audit objection – Reply by the Assessing Officer to drop the proceedings- Notice is held to be not valid [ S. 56 (2) (vii) (a),148 ]