S. 254(1): Appellate Tribunal- Powers-Practice and Procedure – Authorised representative -Virtual Hearing – Dress Code – Appeal dismissed for non-compliance with SOP.[S. 288, R. 49 , ITAT R, 1963 , 17A ]
S. 254(1): Appellate Tribunal- Powers-Practice and Procedure – Authorised representative -Virtual Hearing – Dress Code – Appeal dismissed for non-compliance with SOP.[S. 288, R. 49 , ITAT R, 1963 , 17A ]
S.271D: Penalty]-Takes or accepts any loan or deposit]-Cash received from buyer of immovable property-The applicability of amended provisions by Finance Act, 2015 has taken effect from 1st June, 2015-Agreement to sell was entered on 31st Jan., 2015, and registered sale deed was executed on 31st May, 2016-Penalty not leviable. [S. 269SS]
S.271D: Penalty]-Takes or accepts any loan or deposit]-Immovable property-Amount received for providing additional amenities in the houses sold by the builder-Definition of consideration for transfer of immovable property referred to in s. 194-IA cannot be applied to consideration received for additional amenities]-Penalty was deleted. [S. 132(4), 194IA, 269SS]
S. 271AAB: Penalty-Search initiated on or after 1st day of July 2012-Not specifying the charge-Omnibus notice betrays application of mind by the AO-Entire penalty proceedings right from issue of notice to imposition of penalty are ab initio void-Penalty quashed. [S.274]
S. 271(1)(c): Penalty]-Concealment-Surrender of claim of exemption under s. 54F-Debatable issue-Not liable for levy of penalty under s. 271(1)(c) for furnishing inaccurate particulars of income.[S.54F]
S. 270A: Penalty for under-reporting and misreporting of income-Non-specification of charge/fault in the show-cause notice-Absence of proper charge vitiates the penalty notices-Levy of penalty was quashed. [S. 274]
S. 263: Commissioner-Revision of orders prejudicial to revenue-Lack of proper enquiry-Cost of improvement]-Allowed the claim after verification-AO’s order was neither erroneous nor prejudicial to the interests of Revenue-Revision order was quashed. [S. 45, 55(1)(b)(2)]
S. 254(1): Appellate Tribunal-Powers-Information gathered from the Google search engine cannot be the basis for arriving at a decision-Tribunal cannot bring new facts on record, specially gathered from external sources/public domain, which do not form part of the orders passed by the lower authorities without confronting the same to the assessee.
S. 253: Appellate Tribunal-Appeals-Filing fee-Old regime or new regime]-No variation on quantification on assessed income-In terms of provisions of S 253(6), Clause (d) is applicable: filing fees only Rs 500; no defect in filing fees]-Delay of 71 days in filing an appeal was condoned. [S.115BC, 253(6)(d), 254(1)]
S. 250: Appeal-Commissioner (Appeals)]-Procedure-Condonation of delay-Refusal to condonation of delay and decision on merits-Once the appeal is not admitted on account of delay, the CIT(A) cannot proceed to decide the issue on merit-When CIT(A) has decided the issue on merit despite the delay in filing the appeal, it is deemed or implied that the CIT(A) has condoned the delay in filing the appeal and admitted the appeal for adjudication. [S. 249(3), 251, 253]