S. 268A : Appeal-Instructions-Circulars-Monetary limits-Departmental appeal-Tax effect below prescribed limit-Appeal not maintainable.-CBDT Circular No. 5 of 2024, dated 15-3-2024(2004) 462 ITR 273 (St), as amended by Circular No. 9 of 2024, dated 17-9-2024 (2024) 468 ITR 1 (St.) [S.132, 153A, 253, 254(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Survey-Additional income disclosed as professional income-Assessing Officer examined applicability of section 115BBE and accepted explanation-Revision not justified. [S. 69, 69A, 69B, 69C, 69D, 115BBE, 133A, 142(1), 143(3)]
S. 250 : Appeal-Commissioner (Appeals)-Procedure–Speaking order-Failure to deal with contentions-Matter remanded.[S. 40(a)(i), 250(6)]
S. 194LBC : Investment in securitisation trust-Deduction of tax at source-Securitisation trust-Excess interest spread paid to originator-Originator not an investor-No liability to deduct tax at source.[S.115TCA, Securities Contracts (Regulation ) Act, 1956, S. 2(h (ie ), Securities and Exchange Board of India (Public Offer and Listing of Securitised Debt Instruments ) Regulations, 2008, regln. 2(1)(s)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Unsecured loans-Inadequate enquiry regarding genuineness and creditworthiness-Revision justified.[S.68, 143(3)]
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Delay in filing-Commissioner (Appeals) treating delay as 551 days instead of 4 days-Matter remanded.[S.80P, 253(3)]
S. 153D : Assessment-Search-Approval-Composite approval for multiple assessment years-Mechanical approval-Assessment quashed-Mere proposal letter without assessment records-Approval invalid-Appeal to Appellate Tribunal-Additional grounds-Pure question of law-Delay due to change of counsel-Additional grounds admitted.[S. 153A, 254(1)]
S. 153D : Assessment-Search-Approval-Due application of mind established-Additional ground rejected. [S. 132, 153C]
S. 153A : Assessment-Search-Search warrant and panchnama not in the name of assessee-Assumption of jurisdiction invalid-Assessment quashed. [S. 132(1)]
S. 153A : Assessment-Search-Addition based on document impounded during survey-Not permissible in assessment under section 153A-Addition deleted. [S.69A, 115BBE, 132, 133A]