S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-No patent violation of natural justice-Writ petition dismissed. [S. 143(3), Art. 226]
S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-No patent violation of natural justice-Writ petition dismissed. [S. 143(3), Art. 226]
S. 144B : Faceless Assessment-Opportunity of hearing-Principle of natural justice-Less than 48 hours to submit reply-Matter remanded back for fresh consideration. [S. 143(3), Art. 226]
S. 144B : Faceless Assessment-Show cause notice with draft assessment order-Order passed by the High Court is modified and the matter is remanded to the AO to pass a fresh assessment order, after following due procedure in accordance with law. [Art. 136, 226]
S. 143(3) : Assessment-Limited scrutiny-Central Board of Direct Taxes-Instructions-Binding on Authorities-Notice issued under section 143(2) not in terms of instructions of Central Board of Direct Taxes-Notice and assessment order without jurisdiction. [S. 119, 143(2), 144]
S. 143(3) : Assessment-Moratorium under Insolvency & Bankruptcy Code-Once the plan is approved under the Insolvency & Bankruptcy Code the resolution applicant starts on a clean slate and it cannot be faced with surprise claims, therefore, the assessment order which is the subject matter of the appeal cannot be enforced any longer, nor the consequential proceedings which arose from the assessment order. [S. 37(1), Insolvency & Bankruptcy Code, 2016, S.14, 30(6),31, 260A]
S. 143(3): Assessment-Disallowance of 20% of gross expenses-Tribunal deleting the addition-Order of Tribunal is affirmed. [S. 143(2) 144, 260A]
S. 143(2) : Assessment-Notice-Contempt-Not following the judgement of High court order-Liable for contempt-Notice was quashed on ground of jurisdiction as well as consequential orders were also directed to be set aside-Assessing Officer deliberately and intentionally Assessing Officer permitted to continue, outstanding amount operative on web portal till seven months-Reputation of assessee-Assessing Officer is held of Contempt of Court-Directed to pay a fine of Rs 25000 along with simple imprisonment for a period of one week, in case of default one day’s further simple imprisonment. [S. 124, Contempt of Courts Act, 1971, S. 12]
S. 127 : Transfer of case-Proceedings for assessment is pending-At the motion stage the Court cannot pass the interim order-Pendency of writ petition will not bar for proceed with assessment proceeding.[S. 148, 148A(d), Art, 226]
S. 119 : Central Board of Direct Taxes-Instructions-Circular-Refund-Condonation of delay Belated return beyond period specified in section 139-Delay is directed to be condoned-Matter remanded. [S.119(2)(b), 139 237, 244A, Art. 226]
S. 115J : Company-Book profit-Addition of prior period adjustments-To be included for working out book-Order of Tribunal is set aside. [S. 260A]