S. 132 : Search and seizure-Validity-Reason to believe-Recorded reason does not disclose any information-Search action is under quashed and set aside.[R. 112(2),Art. 226]
S. 132 : Search and seizure-Validity-Reason to believe-Recorded reason does not disclose any information-Search action is under quashed and set aside.[R. 112(2),Art. 226]
S. 80G : Donation-No failure to meet aims and objects-Exemption was granted for earlier years-No specific finding recorded by Commissioner(E) that assessee had failed to meet out its aims and objects and that funds received by assessee-society had been utilised for any profit, personal gains or any other purposes-Order passed by Commissioner(E) is set aside and matter is remanded back for reconsideration. [S. 12, 12A,12AA, 800G(5)(vi), Art. 226, Form No 10G]
S. 68 : Cash credits-Share application money-Failure to prove identity, genuineness and creditworthiness of investor entities-Tribunal without examining facts in depth deleting addition-Order is perverse-Order Of Commissioner (Appeals) upholding addition is restored. [S. 260A]
S. 10A : Free trade zone-Profits and gains derived from export oriented undertaking— Interest income-Short term fixed deposits-Matter remanded to the file of the Assessing Officer.[S.28((i), 56, Art. 136]
S. 10 (23C): Educational institution-Approval by prescribed authority-Object is not found existed solely for advancing educational purposes-Denial of exemption is justified. [S. 10(23C)(vi), Art. 226]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent Establishment-Apportionment of income-Where an assessee had a Permanent Establishment in India, it would be liable to pay tax on income attributable to that PE notwithstanding that assessee at an entity level had suffered a loss-DTAA-India-UAE. [Art. 7(1), 7(2)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Share capital-Share premium-Facts examined by Assessing Officer-Not a case of no enquiry or lack of enquiry 1Order is neither erroneous nor prejudicial to interests of revenue-Revision order is set aside-Revision jurisdiction cannot be exercised on same issue for second time. [S. 68, 133(6), 143(3)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Specific notice-Failure to file required information-Share premium-Cash deposit-Demonetisation-bad debt-Revision is justified. [S.36(1)(vii), (36(2), 56(2)(vii), 143(3)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order was not available on portal Delay is condoned-Cash deposited in bank accounts-Assessing Officer is directed to verify source of cash available with for deposits, if Assessing Officer is satisfied with explanation no additions were to be made-Directed to decide in accordance with law.[S. 143(3), 254(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to verify certificate of no deduction of tax at source or verify details-Late deposit of Employees’ contribution to Provident Fund and employees’ State Insurance-Revision is justified.[S. 36((1))(va), 43B, 197]