S. 144B : Faceless Assessment-Circulars and instructions of Central Board Of Direct Taxes-Notice must be given for proposed additions along with necessary evidence.[S.119, 144B(8) Art. 226]
S. 144B : Faceless Assessment-Circulars and instructions of Central Board Of Direct Taxes-Notice must be given for proposed additions along with necessary evidence.[S.119, 144B(8) Art. 226]
S. 127 : Power to transfer cases-Centralisation of assessment-Once case is centralised transfer of case without decentralisation order or transfer order is contrary to provision-Transfer of case is invalid-Transferee Assessing Officer has no inherent jurisdiction to pass assessment orders making additions to income-Assessment orders and orders of Tribunal is set aside-Liberty Given To Proceed In Accordance With Law Through Jurisdictional Assessing Officer-Interpretation of taxing statute-Machinery Provision.[S. 56(2)(viia), 120, 124, 127(2), Art. 226]
S. 119 : Central Board of Direct Taxes-Circular-Charitable purpose-Revised return of income-Delay-Condonation of delay-Genuine hardship-Bona fide reasons to be understood in context of circumstances-Application for condonation of delay was allowed. [S. 2(15), 11(1),119(2(b), 139(5), Art. 226]
S. 80IB : Industrial undertakings-Manufacture or production of Article or thing-Cutting and polishing of blocks mined into tiles-Manufacturing activity —Entitle to deduction. [S. 260A]
S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Telecommunications Services-Expansion of business by acquiring international and national long distance licences-Entitled to deduction. [S.80IA(4)(ii)]
S. 69C : Unexplained expenditure-Bogus purchases-Accommodation entries-Restriction of disallowance to 12.5 Per Cent.by Commissioner (Appeals) reduced to Six Per Cent. by Tribunal-Order of Tribunal is affirmed-No substantial question of law.[S. 260A]
S. 68 : Cash credits-Capital gains-Long term capital gains on sale of shares-Demat account for more than 12 months-Entry operator-Sold through stock exchange after payment of security transactions tax-Denial of opportunity of cross examination-Entitle to exemption-Tribunal is justified in deleting the addition-No substantial question of law. [S. 10(38), 45, 69, 131(1), 133A, Art. 136]
S. 45 : Capital gains-Transfer of agricultural land-Land shown as agricultural in Government records-Burden is on Revenue to prove that land was not actually agricultural-Matter is remanded to the Assessing Officer. [S. 2(14)(iii), 50C, 254(1) Art.226]
S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-No evidence of cessation of Liability-Order of ITAT is affirmed by High Court-SLP of Revenue is dismissed on account of delay of 450 days and also on merit. [Art. 136]
S. 28(i) : Business income-Income from house property-Main object of company acquiring and holding property-Business of leasing and renting of property-Lease or rental income to be taxed as business income. [S. 22]