S. 263 : Commissioner-Revision of orders prejudicial to revenue-Donations to NGOs out of accumulated funds-Not allowable as application of income-Deemed to be income of the assessee-Revision order is affirmed. [S. 11(2), 11(3), 12AA, ITAT R. 18(6)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Donations to NGOs out of accumulated funds-Not allowable as application of income-Deemed to be income of the assessee-Revision order is affirmed. [S. 11(2), 11(3), 12AA, ITAT R. 18(6)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share application money-Issue of equity shares to 21 persons-Only four persons filed their balance sheet etc-Failure to make necessary and adequate enquiries into source of investment in shares-Order is erroneous-Revision is justified.[S. 68, 143(3)]
S. 254(2A) : Appellate Tribunal-Stay-Demand is stayed on condition that the assessee would not seek an adjournment-Multiple adjournments by assessee-Stay granted against recovery of outstanding demand was vacated and assessee was to be directed to pay outstanding taxes in three equal instalments. [S. 220, 254(1)]
S. 251 : Appeal-Commissioner (Appeals)-Powers-Matter remanded to CIT(A)-New source Cash credits-Cash deposits-No enhancement notice was issued-Cannot travel beyond scope of direction given by the Tribunal-Addition is deleted.[S. 68, 69]
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Additional evidence-Capital gains-Matter remanded to the file of CIT(A) to decide a fresh after considering the additional evidence.[S. 45, 48, R. 46A]
S. 244A : Refunds-Interest on refunds-Adjustment of refund-Interest has to be calculated by first adjusting amount of refund already granted towards interest component and balance left, if any, shall be adjusted towards tax component-Provisions of section 244A(1A) would be applicable from 1-6-2016 till date of actual receipt of refund. [S. 244A(IA)]
S. 194N : Payment of certain amounts in cash-Transfer of funds to current account of various Co-operative Societies-Matter remanded to the file of the CIT(A)
S. 154 : Rectification of mistake-Mistake apparent from the record-Registration-Rejection of claim under section 12A/12AA is not justified-Rectification application was to rectify inadvertent mistake which had crept in ITR filed by it online-Order of Assessing Officer denying the benefit of registration is quashed and set aside. [S.12A, 12AA]
S. 201 : Deduction at source-Failure to deduct or pay-Failure to respond-Matter remanded back to file of Assessing Officer to afford one more opportunity of being heard to assessee.[S. 201(1), 201(IA)]
S. 143(3) : Assessment-Document Identification Number (DIN)-Reassessment-Search-Reassessment order passed without mentioning DIN number is invalid-Order is set aside. [S. 69C, 143(3), 147,148, 153C, 292B]