S. 154 : Rectification of mistake-Mistake apparent from the record-Provision for expenses-Not claimed as application of income-Order of the CIT(A) quashing the rectification order is affirmed. [S. 11]
S. 154 : Rectification of mistake-Mistake apparent from the record-Provision for expenses-Not claimed as application of income-Order of the CIT(A) quashing the rectification order is affirmed. [S. 11]
S. 151 : Reassessment-Sanction for issue of notice-Date of sanction for issuance of notice-Date on which the notice is uploaded on ITBA portal of department-Not the date on which was communicated manually. [S. 148]
S. 147 : Reassessment-Unexplained investment-Purchase of land in another person-Issue is pending before under adjudication before authorities under PBPT Act-Matter is restored to file of AO. [S. 69, 148, Prohibition of Benami Property Transaction Act, 1988, S. 72]
S. 147 : Reassessment-Client code modification-Report from Investigation wing–Unexplained Moneys-Bogus commodity trading-Assessee is able to establish that its own funds were utilized to conduct transactions on NSEL platform-Reopening is quashed. [S. 68, 69A, 148]
S. 147 : Reassessment-Share premium-shareholders of amalgamating company in pursuance of approved amalgamation scheme-Issue of share premium was duly examined by Assessing Officer in original assessment proceedings-Order of CIT(A), quashing of reassessment is affirmed. [S. 56(2)(viib), 148]
S. 147 : Reassessment-After the expiry of four years-Penny stock-Long term capital gains-Re assessment is bad in law.[S.68]
S.147: Reassessment-After the expiry of four years-Double Taxation Relief-Part relief allowed-No new or tangible material-Reassessment order is quashed-DTAA-India-UK [S.90, 148, Art. 24]
S. 145 : Method of accounting-Capital or Revenue-b Loss and gain on account of revaluation of outstanding dues payable to its overseas sister concern due to fluctuation in valuation of foreign exchange-Rule of consistency is followed.
S. 143(3): Assessment-limited scrutiny for examination of specific issue-Assessing Officer could not have ventured into a different issue without getting said limited scrutiny converted into complete scrutiny as per CBDT Circular No.20/2015 dated 29.12.2015. [S. 56 (2)(viib)]
S. 132B : Application of seized or requisitioned assets-Cash seized–Explanation 2 inserted below section 132B by Finance Act, 2013-Existing liability’ does not include ‘advanced tax’ payable-Cash seized during search could not be adjusted against advance tax liability-Cash seized-Offered as undisclosed income-Matter is remanded back to Assessing Officer for determining issue of adjustment of self-assessment tax liability.[S. 132, 140A].