S. 254(1) : Appellate Tribunal – Duties- Remand proceedings – Claim accepted by the Assessing Officer – Deletion of addition by the CIT (A) is held to be justified [ S.250, 253 ]
S. 254(1) : Appellate Tribunal – Duties- Remand proceedings – Claim accepted by the Assessing Officer – Deletion of addition by the CIT (A) is held to be justified [ S.250, 253 ]
S. 246A : Appeal – Commissioner (Appeals) – Appealable orders – Revision – When appeal was pending revision application was filed – Revision is held to be not valid – Cost of Rs 40000 was imposed upon assessee- CIT(A) is directed to decide the matter on merits [ S. 249, 264 ]
S. 244A : Refund – Interest on refunds -Intimation — Assessable in year granted — If interest adjusted with prior tax liability of earlier years and paid to Government account — No need of separate intimation.
S.234E: Fee-Default in furnishing the statements- Deduction of tax at source —Amendment enabling levy of late fee for default in furnishing statement brought in with effect from 1-6-2015 — Prospective in nature — Levy of late fees while processing statement of tax deducted at source before amendment — Not sustainable.[ S.200A ]
S.147: Reassessment —Wrong facts and figures- Non-application of mind —Reassessment is held to be not valid [ S. 68, 148 ]
S.147: Reassessment-After the expiry of four years- Cash credits – All material facts were disclosed in the original assessment proceedings -Reassessment is held to be not valid [ S.68 , 148, 194A ]
S. 145 : Method of accounting – Fall in net profit rate -No specific defects pointed out in the books of account – Remand report – Addition of higher rate of profit is held to be not justified .
S. 92CA :Reference to transfer pricing officer – Transfer pricing – Specified domestic transaction — Unreported transaction — No power to determine arm’s length price without approval from principal commissioner or making reference to him [ S.92C ]
S. 92C : Transfer pricing – Arm’s length price – Comparable- Software testing services company — Company rendering whole basket services — Company providing software services to its clients — Not Comparables.
S. 92C : Transfer pricing – Arm’s length price – Foreign exchange gain or loss- Comparable- Comparability position on year to year basis independently to be examined – Provision for doubtful debts . [ S.92CA ]