S. 154 : Rectification of mistake-Mistake apparent from the record-First appeal was dismissed-Second appeal-Abuse of process of Court-Appeal is dismissed.[S. 80IB,253]
S. 154 : Rectification of mistake-Mistake apparent from the record-First appeal was dismissed-Second appeal-Abuse of process of Court-Appeal is dismissed.[S. 80IB,253]
S. 154 : Rectification of mistake-Mistake apparent from the record-Capital or revenue-Excise duty refund and Interest subsidy as revenue receipts-Rectification application pursuant to jurisdictional High Court-Tribunal held that CIT(A) is right in directing AO to carry out necessary rectification. [S. 4]
S. 154 : Rectification of mistake-Mistake apparent from the record-Educational institution-Claim of exemption u/s. 11 without registration u/s. 12AA-Eligible for deduction-Annual receipt not to include voluntary donation forming part of corpus-Rectification application is allowed.[S. 10(23C)(iiiad), 11, 12, 12AA]
S. 153D : Assessment-Search-Approval-Sanction of prescribed authority-Income from other sources-Addition made under head “Income from other sources” on ground Assessee could not explain source and details of investment made-Approval given by Joint Commissioner as formality without application of mind-No clarification whether or not assessment record seen by Joint Commissioner-Approval invalid and liable to be quashed .[S. 153A]
S. 153C : Assessment-Income of any other person-Search-Appelllate Tribunal-Additional ground-Legal issue-Admitted-The assessment ought to have been made u/s. 153A of the Income-tax Act, 1961 and not u/s. 143(3) of the Act and therefore, the assessment made by the Assessing Officer was bad in law and invalid.[S. 143(3), 153A, 254(1)]
S. 153C : Assessment-Income of any other person-Search-In case of concluded assessment, addition can only be made on the basis of an incriminating material .[S. 132,143(3)]
S. 153A : Assessment-Search-No addition can be made in case of completed or abated assessments in absence of incriminating material .[S. 68,132]
S. 153A : Assessment-Search-Cash Credits-No incriminating material found during search-Unabated assessment-Additions not sustainable. [S.68]
S. 151 : Reassessment-Sanction for issue of notice-Sanction of CIT instead of A/JCIT-Notice is bad in law. [S.147 148, 151(2)]
S. 148 : Reassessment-Notice —Information from other ITO-Income from undisclosed sources-Bogus purchases-Assessing Officer not pointing out any defect in maintenance of books of account-Reassessment notice is not valid .[S. 147]