S. 119 : Central Board of Direct Taxes-Circular-Return of income-Delay of 216 days-Delay is not explained satisfactorily-Rejection of application for condonation of delay in filing the return is affirmed.[S. 80P, 119(2)(b), 139, Art. 226]
S. 119 : Central Board of Direct Taxes-Circular-Return of income-Delay of 216 days-Delay is not explained satisfactorily-Rejection of application for condonation of delay in filing the return is affirmed.[S. 80P, 119(2)(b), 139, Art. 226]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Comparable-Brand value-Entities having high brand value and, therefore, being able to command greater profits could not be selected as comparables-Order of Tribunal is set aside.[S. 260A]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Trading of imported luxury goods-Resale price method (RPM) is most appropriate method. [S. 260A]
S. 69A : Unexplained money-Search-Deposit in bank account-Debit card in joint name-Matter remanded to produce bank account. [S.260A]
S. 68 : Cash credits-Unsecured loan-Furnished documents to prove identity, genuineness and credit worthiness of parties-Matter remanded back to the Assessing Officer for fresh consideration. [S. 143(3), Art. 226]
S. 54 : Capital gains-Profit on sale of property used for residence-Construction of house-Putting together a structure of plywood sheets could not be construed as constructing a residential house-Not entitle to exemption. [S.45, 260A]
S. 45 : Capital gains-Long term capital gains-Tenancy right is converted into owneership-Date of transfer-Consent term-Confirming party-Deed of confirmation or deed of consent term or registration-Matter remanded to the Tribunal for re adjudication. [S. 2(27), 50C, 254(1), 260A]
S. 45 : Capital gains-Business income-Sale of properties-Assessable as capital gains and not as business income-Rule of constancy followed. [S. 22, 28(i), 260A]
S. 43D : Public financial institutions-Section 43D read with Rule 6EB is a complete code-Directions issued by National Housing Bank (NHB) do not override section 43D in matter of computation of taxable income. [S.43D, R.6EB, Art.136]
S. 43B : Certain deductions only on actual payment-VAT, Entry Tax, CST-Not claimed as deduction-No disallowance can be made. [S. 139(1)]