S. 271F : Penalty – Return of income – Failure to furnish – Agriculturist – Bonafide belief that income not chargeable to tax – Levy of penalty is held to be not justified [ S. 139(1) 273B ]
S. 271F : Penalty – Return of income – Failure to furnish – Agriculturist – Bonafide belief that income not chargeable to tax – Levy of penalty is held to be not justified [ S. 139(1) 273B ]
S. 271(1)(c) : Penalty – Concealment – Initiation of penalty proceedings on both charges – Penalty levied on a specific charge of concealing particulars of income —Levy of penalty is held to be justified. [ Explanation 5A ]
S. 271(1)(c) : Penalty – Concealment – Capital gains- Bonafide belief – Sale not complete – Failure to disclose capital gains- Levy of penalty is held to be not justified .[ S.45 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Revision —Housing project —Method of accounting – Adopting Percentage Completion Method And Project- Revision is held to be not valid . [S. 145 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Limitation – Service of order not relevant passing of order is relevant – Not given sufficient opportunity to give reply – Natural justice violated – Order quashed [ S.263(2) ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Revision —No discussion in assessment order- Mere extraction of submissions would not show assessing Officer applied his mind — Revision is held to be valid .[ S.80IA ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Income from holiday home- Income from business or Income from other sources – Income from house property – Revision is held to be not valid [ S. 22, 28(i) , 56 ]
S. 250 : Appeal – Commissioner (Appeals) –Challenging entire Additions- Commissioner (Appeals) Considering only two out of seven items — Matter remanded to Commissioner (Appeals) to decide afresh . [ S.57 , 251 , 254(1) ]
S. 250 : Appeal – Commissioner (Appeals) – Not mentioning of service of notice – Order was passed without giving an opportunity – Order set a side to decide on merit [ S.251, 254(1) ]
S. 250 : Appeal – Commissioner (Appeals) – Duties – Ex parte – Required to dispose of the appeal of the assessee by an order in writing stating the points for determination, the decision thereon and the reasons for the decision- Directed to dispose the appeal on merits in accordance with law .[ S 68, 143(3) 148 ].