S. 147 : Reassessment-After the expiry of four years-Full and true disclosure-Survey-No failure to disclose material facts-Reassessment was quashed and set aside.[S.133A, 148]
S. 147 : Reassessment-After the expiry of four years-Full and true disclosure-Survey-No failure to disclose material facts-Reassessment was quashed and set aside.[S.133A, 148]
S. 143(3): Assessment-Protective assessment-Additional ground-No provision exists in the IT Act giving power to the AO to write a letter to the first appellate authority to consider and treat the protective assessment as a substantive assessment; no protective assessment survives in the absence of a substantive assessment-Legal representative-order of the CIT(A) in making cause title in the automatically generated system data-The mention of deceased assessee’s name in the cause title did not vitiate the order. [S. 131,159, 254(1)]
S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Failure to file audit report within prescribed time-limit-Filed the audit report in Form 10CCB prior to the processing of the return under S. 143(1)-Denial of exemption was not valid.[S. 80IA(4)(i), 80IA(7), 143(1), Form No 10CCB.]
S. 80G: Donation-Rejection of application was set aside-Matter was remanded to the file of CIT(E) to examine the accounts of three preceding years-In case there are no expenses exceeding 5 per cent on religious activities, approval under s. 80G(5) is allowable to the assessee if the assessee fulfils all other conditions. [S.11AA(2)(g), 12A, 12AB, 80G(5)]
S. 69C: Unexplained expenditure-Expenditure recorded in the books of account-Supported by third-party invoices and replied by parties-Deletion of addition by the CIT(A) was affirmed. [S.133(6)]
S. 69A: Unexplained money-Income from undisclosed sources-Cash deposits in bank during demonetization period-Books of account not rejected-The assessee has explained the nature and source of the same and recorded the same in his books of account. Addition was deleted. [S. 145]
S. 69 : Unexplained investments-Income from undisclosed sources-Entries on loose papers seized from residential premises of third party-Addition in the hands of the assessee was not sustainable-Presumption under S. 132(4A) is only confined to the person in whose premises search is conducted.[S. 132(4A)]
S. 69: Unexplained investments-Purchase of house property-Residential house was purchased in joint names by the assessee along with his wife-Explained the source of investment-Addition was not valid-Reassessment-Information was received from the office of the Sub-Registrar under s. 285BA Sanction for reassessment was valid-PCIT has recorded the satisfaction-Approval was valid. [S. 133(6), 147, 148, 151, 285B]
S. 68: Cash credits-Share capital-Filed copies of PAN details, memorandum of association and articles of association, audit reports and balance-sheets, bank statement, copies of share application forms along with board resolutions and also confirmation of the companies-Order of CIT(A) deleting the addition was affirmed.
S. 56: Income from other sources-Property received as a gift from step-sister-Step-sister and step-brother fall within the definition of ‘relative’ and therefore, they are to be treated as brother and sister for S. 56(2)(vii) and, consequently, property received by a stepbrother from a stepsister by way of gift cannot be taxed under s. 56(2)(vii)(b). [S.2(15B), 56(2)(viib), Reserve Bank of India Act, 1934, S. 45S, Companies Act, 2013, S.2(77)]