S. 143(3): Assessment-Non existing entity-Amalgamation-Order of DRP-Order of Tribunal annulling the assessment was affirmed. [S. 144C, 254 Companies Act, 1956, 391, 394.]
S. 143(3): Assessment-Non existing entity-Amalgamation-Order of DRP-Order of Tribunal annulling the assessment was affirmed. [S. 144C, 254 Companies Act, 1956, 391, 394.]
S. 143(3): Assessment-Resolution plan approved-No new claims by the revenue is maintainable-Order under section 143(3) of the Act was quashed and set aside. [Insolvency and Bankruptcy Code, 2016, S. 31. Art. 226]
S. 143(2) : Assessment-Notice-Failure to comply with provisions of section 143(2)-Draft and final assessment order Reassessment proceedings invalid-Notice and assessment orders quashed. 143(2), 147, 148, 153A, Art. 226]
S. 143(1)(a) : Assessment-Intimation-Delayed depositing of contribution under employees welfare Acts-Disallowance set aside Revenue granted liberty to proceed in accordance with law. [S. 2(24)(x), 36(1)(va), 143(1)(a), 143(3) Employees’ State Insurance Act, 1948-Employees’ Provident Fund and Miscellaneous Provisions Act, 1952.]
S. 139: Return of income-Revised return declaring nil income-Cancellation of sale agreement-Revised accounts-Capital gains-Transfer-Immoveable properties-On appeal high Court was affirmed-Appeal of revenue dismissed. [S. 2(47), 45, 142, Art. 136]
S. 132: Search and seizure-Reason to believe-Material considered was irrelevant and unrelated satisfaction note did not fulfil jurisdictional preconditions-Search proceedings were not legal-SLP of revenue was dismissed. [S. 132(1)(a) to (c), Art. 136]
S. 119 : Central Board of Direct Taxes-Power to condone delay in case of genuine hardship-Power to be exercised in judicious manner-Permitted to file the return of income claiming the refund-Assessing Officer was directed to allow the refund in accordance with law. [S.119(2)(b),139, Art 226]
S. 115JB : Company-Book profit–Electricity generation and distribution-Provisions of section 115JB inapplicable to assessee in assessment year 2008-2009 prior to amendment by Finance Act, 2012.[S. 260A]
S. 115JB : Company-Book profit-Provision for bad and doubtful debts-Electricity company-Tribunal deleting additions made to enhance book profit justified.[S. 260A, Companies Act, 1956, S. 210, 211., Electricity Act, 2003, Electricity (Supply) Act, 1948.]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Concurrent findings of appellate authorities that assessee had received intra-group services-Matter remanded by Tribunal to Transfer Pricing Officer to consider afresh from perspective of findings Held, no infirmity in order of Tribunal remanding matter for fresh consideration. [S.92CA(3) 254(1), 260A.]