S. 197 : Deduction at source – Certificate for lower rate -Non -Resident – Payments under distributor agreement —Certificate for withholding tax at rate of 9.99 Per Cent- Order set aside- Precedent -Supreme Court -Binding on Authorities. [S. 195, Rule 28AA, Art. 226]
S. 195 : Deduction at source – Non-resident -Observations of High Court that if in assessment proceedings of Netherlands company, that company held liable to be taxed in India and assessee would also be treated as in default -Observation was quashed. [S.40(a)(i)), Art. 136]
S. 158BE : Block assessment – Time limit – Search and seizure – Limitation -From date of last Panchnama and not date of last warrant of authorisation [S. 132, 158C]
S. 156 : Notice of demand -Bogus accommodation entries – lacked bona fides- Refund of money transferred to bank account in which Department had Lien for tax dues of company- Question of facts -The assessee was directed to approach appropriate Forum or Civil Court for recovery of its claim. [Art. 226]
S. 156 : Notice of demand -Bogus accommodation entries – lacked bona fides- Refund of money transferred to bank account in which Department had Lien for tax dues of company- Question of facts –Single judge held that the assessee should approach appropriate Forum or Civil Court [Art. 226]
S. 153C : Assessment – Income of any other person – Search – Provision applicable to searches conducted prior to date of amendment – (Prior to and after amendment by Finance Act, 2015, with Effect From 1-6-2015)-Search conducted prior to amendment with effect from 1-6-2015 – Books received by Assessing Officer of assessee after that date -Belongs or belong to – Deeming fiction that date of initiation of search would be date when Assessing Officer of third person receives seized material -Amended provision applicable -Interpretation of taxing statutes -Interpretation which effectuates object and purpose of statute preferred.-Amendment by substitution —Rule against retrospectivity. [S. 132]
S. 153C : Assessment – Income of any other person-Search-Prior to and after amendment by Finance Act, 2015, with effect from 1-6-2015 -Order of High Court set aside. [S. 132, Art. 136]
S. 151 : Reassessment – After the expiry of four years – Sanction for issue of notice -Sanction of approval by Joint Commissioner and Not by Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner – Notice and order on objections set aside.[S. 147, 148, Art, 226, Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020]
S. 151 : Reassessment – Sanction for issue of notice – Notice after four years -Capital gains – Sanction of prescribed Authority -Approval by Joint Commissioner held to be valid —SLP of Revenue dismissed. [S. 147, 148, 151(1), Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2002, Art. 136, 226]
S. 151 : Reassessment – Sanction for issue of notice – Sanction given mechanically -SLP of Revenue dismissed. [S. 147, 148, Art 136]