S. 2(14)(iii): Capital gains-Land beyond 8 km from municipal limits-Held, not a capital asset-Agricultural income supported by records-Additions deleted. [S. 10(1), 153A]
S. 2(14)(iii): Capital gains-Land beyond 8 km from municipal limits-Held, not a capital asset-Agricultural income supported by records-Additions deleted. [S. 10(1), 153A]
S. 272A: Penalty-Failure to answer questions-Sign statements-Furnish information-Defaulted in timely furnishing of information but ultimately submitted all requisite details which were duly considered in framing assessment-lapse was only a technical/venial breach-Penalty was not justified.[S. 10(23C), 139, 272A(1)(d)]
S.271D: Penalty-Takes or accepts any loan or deposit-Limitation-Penalty proceedings under section 271D were initiated during reassessment by issuing a show-cause notice on 17-8-2022-Penalty order was passed on 29-3-2023 beyond the limitation period under section 275(1)(c)-Penalty was barred by limitation and was not sustainable. [S. 148, 269SS, 275(1)(c)]
S. 271(1)(c) : Penalty-Concealment-Additional evidence obtained under RTI Act-Matter remanded.[S.80IB(10)
S. 270A:Penalty for under-reporting and misreporting of income-
Not specifying the charge, whether it was for under-reporting or misreporting of income-Penalty order was void ab initio and not sustainable in law-Penalty was deleted. [S. 45, 54F, 274]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Donations-CSR activities-Allowed deduction under section 80G-Revision order was set aside. [S.80G, 143(3)]
S. 263: Commissioner-Revision of orders prejudicial to revenue-Depreciation-Road Project-Building, operating and transferring a section of national highway-Road construction project-Intangible asset-Eligible depreciation-Mercantile system of accounting-Negative grant-Depreciation on negative grant which was to be paid to NHAI-Depreciation allowable-Revision order set aside.[S. 32 143(3),145]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Agricultural income-Coffee curing-Specific queries during original assessment proceedings-Rule 7B deeming part of income as business income-Revision order was quashed. [S. 2(IA) 28(1),143(3), R.7B]
S. 263: Commissioner-Revision of orders prejudicial to revenue-
Cost of improvement-Limited scrutiny-Allowed claim towards cost of improvement under section 48 without conducting an inquiry or verification-Revision order affirmed. [S. 48, 54B]
S. 249: Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 1386 days-Ex parte assessment-Non-receipt of notices as they were issued to the jail Superintendent while assessee’s father was in jail-Delay was condoned, and the matter was restored to the file of CIT(A) for decision on merits.[S. 144]