S. 119 : Central Board of Direct Taxes-Circular-Condonation of delay-Application filed wrongly under form 10BB instead of form 10B-Authority ought to have condoned delay instead of dismissing form 10B on anvil of limitation Order set aside and delay condoned Authority directed to consider form 10B under section 119(2)(b) on merits. [S.119(2)(b),Form No 10B, 10BB, Art. 226]
S. 119 : Central Board of Direct Taxes-Charitable Trust-Delay in filing Form No 10B-Delay of 1257 days-Oversights by the Chartered Accountant-Human error lacking any malafide intention-Delay was not intentional or deliberate-Assessee could not be prejudiced on account of an ignorance or error committed by professional engaged by it-High Court condoned the delay and CIT(E) is directed to procced with the return in accordance with law-SLP delayed by 323 days-Delay was condoned-Order of High Court affirmed. [S. 11, 119(2) Form No 10B, Art,136]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Exclusion or inclusion of RS Software would have no bearing-Issue of excluding RS Software as comparable would be academic.[S. 260A]
S. 86: Share of member of an association of persons-Syndicates engaged in liquor business-Income of AOP assessable only in hands of AOP, not in hands of member-Inadmissible expenses of AOP cannot be added in hands of member. [S. 2(31), 67A, 153A, 260A]
S. 80-ID : Hotels and convention centres in specified area-Existing hotel taken on lease and later purchased-Only nominal additions to fixed assets-Business continued under new name-Assessee failed to prove setting up of a new eligible hotel-Denial of deduction affirmed. [S. 260A]
S. 80-ID : Hotels and convention centres in specified area-Existing hotel taken on lease and later purchased-Only nominal additions to fixed assets-Business continued under new name-Assessee failed to prove setting up of a new eligible hotel-Denial of deduction affirmed by High Court-SLP dismissed. [Art. 136]
S. 80HHC : Export business-Total turnover-Excise duty, custom duty, windmill power receipts-Not part of turnover. [S.260A]
S. 80G : Donation-Registration under section 12AA granted and subsisting-Entitled to approval for purposes of section 80G(5)(vi) [S. 12AA, 80G(5)(vi)]
S. 80G : Donation-Registration under section 12AA granted and subsisting-Entitled to approval for purposes of section 80G(5)(vi) of the Act-SLP of revenue dismissed. [S. 12AA, 80G(5))vi), Art. 136]
S. 69C : Unexplained expenditure-Bogus purchases-Accommodation entries from Bhanwarlal Jain Group-Addition restricted to 6 per cent of bogus purchases is fair and reasonable. [S. 147, 148, 260A]