S. 260A : Appeal-High Court-Review petition-First review petition was dismissed, benefit of authority in case of Khoday Distilleries Ltd v. Mahadeshwara Sahakara Sakkare Karkhane Ltd(2019) 262 Taxman 279 (SC) would not be applicable to facts-Second review petition was also to be dismissed.
S. 260A : Appeal-High Court-Review petition before High Court which was dismissed as withdrawn without any liberty-SLP against order of High Court which was also dismissed-Another Review petition is also dismissed-SLP is dismissed. [Art. 136]
S. 254(1) : Appellate Tribunal-Powers-Ex parte order by the Tribunal-Un explained cash credits-Negligent of the Chartered Accountant to make effective representation before the Tribunal-Negligence was not attributable to assessee,-Matter is restored before Tribunal to give an opportunity of hearing-Directed to deposit cost of Rs 25000 before the Tribunal.[S. 68, 260A]
S. 268A : Appeal – Monetary limits – Less than Rs.1 crore – Appeal of Revenue is dismissed – Contribution to construction of new bridge – Capital of revenue .[ S.37(1), 260A ]
S. 158BC : Block assessment – No assessment could be made under section 158BC without issuing a notice u/s. 143(2) .[ S.143(2), 260A ]
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable -Stacking and handling expenses – Blending and screening charges to its sister concern – Order of Tribunal deleting the disallowance is affirmed .[ S. 260A ]
S.147: Reassessment – After the expiry of four years – No failure to disclose material facts – Year of taxability – Mercantile system of accounting –Reassessment notice and order disposing the objection is set aside . [ S.5, 145, 148 , Art. 226 ]
S.147: Reassessment – After the expiry of four years – No failure to disclose material facts – Year of taxability – Mercantile system of accounting –Reassessment notice and order disposing the objection is set aside . [ S.5, 145, 148 , Art. 226 ]
S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident – Income – Deemed to accrue or arise in India Demurrage paid – In terms of relevant sales contract – Income not accrued in India – Not liable to deduct tax at source .[ S. 5(2)(b) ,9(1)(i) ]
S. 249 : Appeal-Commissioner (Appeals)-Condonation of delay-Form of appeal and limitation-Delay of 11 days-Non availability of tax consultant-Delay is condoned-CIT(A) is directed to decide the issue on merits. [S.80P, 246A, 250, Art. 226