S. 68: Cash credits-Not explained the source-Order of High Court affirming the addition was affirmed-SLP of assessee dismissed on the ground of delay of 388 days and on merits. [Art. 136]
S. 68: Cash credits-Not explained the source-Order of High Court affirming the addition was affirmed-SLP of assessee dismissed on the ground of delay of 388 days and on merits. [Art. 136]
S. 56 : Income from other sources-Amendment with effect from 1-4-2010-Interest on enhanced compensation and compulsory acquisition of agricultural land assessable as income from other sources in assessment year 2016-2017-Order of Tribunal set aside. [S. 56(2)(viii), 145B, 260A, Land Acquisition Act, 1894, S. 28]
S. 45 : Capital gains-Exemption-Entry provider-Survey-Unexplained money-Principle of natural justice-No opportunity of cross examination was given-Order of Tribunal deleting the addition is affirmed. [S. 10(38), 68, 69, 133A, 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Disallowance-Payments liable to deduction of tax at source-Amount offered to tax by payee and tax thereon paid-AO taking one plausible view-Order not erroneous or prejudicial to Revenue-Principal Commissioner cannot invoke revisional power-Not in default. [S. 40(a)(ia), 201(1), 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Explanation called for and offered by assessee during scrutiny assessment-Order of Assessing Officer neither erroneous nor prejudicial to Revenue and need not be revised. [S.45, 54, 54EC, 143(3), 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Depreciation-No reference in the assessment order-Revision order was quashed and set aside. [S. 32, 260A]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Audit objection-Commercial expediency-Pre closure premium paid to bank-Allowable as revenue expenditure-Tribunal was not justified in affirming the revision order. [S. 37(1), 260A]
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Recovery of tax-Stay of recovery pending appeals-Department’s inaction on stay application for over six years deprecated-Delay in disposal of stay application-Adjusting refund-Direction to refund excess adjustment and expedite adjudication of pending appeal. [S.143(3), 156, 226, 237, 250(6A); CBDT Instruction No. 1914 dated 21-03-1996; Art. 226]
S. 245D : Settlement Commission-Interim Board for Settlement-Settlement pronounced but order not passed-Cessation of Settlement Commission and formation of Interim Board for Settlement-On oath, Vice-President and member of Settlement Commission confirmed conclusion of hearing and pronouncement of settlement-Interim Board directed to pass order under s. 245D(4) accepting settlement as pronounced. [S. 245C(1), 245D(4), Art. 226]
S. 245D : Settlement Commission-Settlement of cases-Cash credits-Share application-Order of Settlement Commission accepting claim for deduction need not be interfered with-Order of Settlement Commission holding that addition of unsubstantiated share capital under s. 68 would not qualify for deduction under s. 80-IC set aside-Section 115BBE (introduced later) not applicable; assessee entitled to special deduction. [S. 68, 80-IC, 115BBE, 245D(3), 245D(4), Art. 226]