S. 147: Reassessment-After the expiry of four years-Information from investigation wing-Accommodation entry-Reassessment is invalid. [S. 133(6), 148]
S. 147: Reassessment-After the expiry of four years-Information from investigation wing-Accommodation entry-Reassessment is invalid. [S. 133(6), 148]
S.147: Reassessment-After the expiry of four years-Investments-No failure to disclose material facts-Onus on revenue-Reassessment notice and order is quashed. [S. 143(3). 148]
S. 145 : Method of accounting-Construction business-Project-completion method of accounting-Addition of income on pending projects applying the percentage competition method is not justified.
S. 144C : Reference to dispute resolution panel-Arm’s Length Price-Draft order-Order of Transfer Pricing Officer’s order giving effect to directions of Dispute Resolution Panel direction is not rectified-Final assessment order is contrary to law-Order is set aside.[S. 92CA, 144C(13)]
S. 144C : Reference to dispute resolution panel-Verification of objections-Verification can only by an assessee-Verification by Advocate or Authorised representative is not valid-Failure to give an opportunity to take remedial action-Matter remanded for filing a fresh objections.[S. 2(7), 2(31), 144C(1), 144C(2), 144C(5), Income-Tax (Dispute Resolution Panel) Rules, 2009, Rr. 2, 4(1), Form 35A]
S. 144B : Faceless Assessment-Additional ground-Cash credits-Information from Investigation wing-Direction to give explanation before 29-3-2022-Assessment order assed without jurisdiction-Assessment order is invalid.[S. 68, 147, 148, 151A]
S. 144 : Best judgment assessment-Principle of natural justice-Travelling expenses-Purchase of car-Matter restored to the Assessing Officer to examine evidence filed on record and adjudicate de novo. [S. 147, 148]
S. 143(3): Assessment-Limited scrutiny-Assessing Officer cannot travel beyond issue raised under limited scrutiny-Failure to obtain prior permission of Principal Commissioner for such additions-Order is bad in law-Instruction Nos. 5 Of 2016 dt.14-7-2016 and 20 of 2015, dated 29-12-2015.. [S. 45, 48, 54B, 54C,54D,54GA, 55A]
S. 143(3) : Assessment-Jurisdiction-Pecuniary Jurisdiction-Non-corporate returns declaring income above Rs. 20 Lakhs with Assistant Commissioner or Deputy Commissioner and not with ITO-Notice and consequential assessment order is invalid-Instruction No. 1/2011 (F. No. 187/12/2010-It(A-I), Dated 31-1-2011. [S. 143(2), 148, 149(1)(b)]
S. 143(1) : Assessment-Intimation-Rectification of mistake-Pending rectification application transferred from Central Processing Centre to jurisdictional Assessing Officer-Disallowance of entire expenditure grossly without notifying of adjustment-Rejection of rectification request on ground of no mistake apparent from record is held to be not justified-Matter remitted to Jurisdictional Assessing Officer to rectify mistake and allow assessee’s claim. [S. 154, Form No 10B]