S. 145: Method of accounting-Accrual system of accounting-Interest income received during the relevant AY to be taxed in the said AY when assessee follows accrual system of accounting
S. 145: Method of accounting-Accrual system of accounting-Interest income received during the relevant AY to be taxed in the said AY when assessee follows accrual system of accounting
S. 145 : Method of accounting-Non accounting of expired stock as part of opening stock-no evidence of sale of obsolete stock-notional estimation of profit for not showing the obsolete stock as part of opening stock unjustified. [S. 37]
S. 145 : Method of accounting-Rejection of books of accounts-Audited books not declared to be incorrect-Rejection solely on the basis of photocopies of bills produced instead of original-Rejection of books not sustainable.[S. 145(3)]
S. 144C : Reference to dispute resolution panel-Assessment-Limitation-Eligible assessee-International Transactions-Orders Passed by TPO Beyond limitation period-therefore, Assessee is Not an “Eligible Assessee” as per 144C(15)(b) of the Act-extended time period of 12 months not available-as a consequence thereof, Regular Assessment Order was also barred by Limitation and not sustainable.[S.92CA(3), 144C(15)(b),153]
S. 144C : Reference to dispute resolution panel-Limitation-No variation is proposed-Extended period is not available for concluding assessment-Draft assessment order is not required to be issued-Order is barred by limitation-DTAA-India-Cyprus .[S. 153 (1), Art. 11(2)]
S. 144C : Reference to dispute resolution panel-Transfer pricing-Draft assessment order-Failure to give effect to the direction of DRP-Order was quashed.[S. 144c(10) 144C(13)]
S. 144C : Reference to dispute resolution panel-International Transaction-Limitation-Assessment order passed beyond one month from the end month in which directions of DPR received-Relaxation under TOLA Act not applicable-Assessment order is barred by limitation. [S. 144B 144C(13),147, 148]
S. 144: Best judgment assessment-AO estimating profits at 8 per cent., CIT(A) observed that turnover above turnover limit for presumptive taxation but restricting profits to 5 per cent. Matter remanded back to AO stating that Authorities bound to disprove claim with corroborative documentary evidence after granting assessee adequate opportunity of being heard.
S.144: Best judgment assessment-Natural Justice-Cash Credits–Statements of witnesses relied upon without providing opportunity to cross-examine the witnesses, assessment not sustainable. (68, 131, 144)
S. 144: Best judgment assessment-Liquor Business-Average Net Profit in this line of business which varied from 1 to 3 per cent. And applying net profit rate of 2 per cent is correct. No comparative data brought to rebut finding of AO in retail liquor business. [S.145]