S. 271(1)(c) : Penalty-Concealment-Depreciation on Biometric devices at 60 Per Cent. Computer block-Assessing Officer allowing depreciation at 15 Per Cent-Penalty is deleted. [S. 2(11), 32]
S. 271(1)(c) : Penalty-Concealment-Depreciation on Biometric devices at 60 Per Cent. Computer block-Assessing Officer allowing depreciation at 15 Per Cent-Penalty is deleted. [S. 2(11), 32]
S. 271(1)(c) : Penalty-Concealment-Notice not specifying the charge of proceedings initiated-Penalty is bad in law.[S. 274]
S. 270A:Penalty for under-reporting and misreporting of income-Mens rea must be present-Mere additions penalty cannot be imposed. [S. 40A(3), 270A(9)(d), 270AA
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Death of assessee-Commissioner was intimated of death of assessee-Order passed in the name of dead person-Order is bad in law-Additional ground is admitted.[S. 254(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business promotion expenses-Freebies-Change of opinion–Cannot revise the order where the Assessing Officer has conducted enquiry and allowed expenses. [S. 37(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Share valuation-Issue of right shares-Deeming provision-Revision on ground unsecured loans not included in valuation-Revision order is set aside. [S 56(2)(viib, R.11UA)
S. 254(1) : Appellate Tribunal-Powers-Delay of three to five years-Condoned-Failure to deduct tax at source-Matter is remanded to the file of Assessing Officer for fresh consideration as per law. [S. 194C]
S. 250: Appeal-Commissioner (Appeals)-Procedure-Unexplained money-Commissioner (Appeals)-Natural justice-Remand report not received-Commissioner (Appeals) ought to have waited for remand report and taken steps to expedite submission-Order of Commissioner (Appeals) is set aside and matter remanded to Assessing Officer. [S.69A, R.46A(1)]
S.250: Appeal-Commissioner (Appeals)-Procedure-Unexplained investments-Unexplained money-Cash credits-Affidavit-Addition is deleted-Delay in filing the appeal is condoned-Commissioner (Appeals) does not have power to dismiss appeal for non-prosecution-[S. 68, 69A,115BBE, 250]
S. 234B : Interest-Advance tax-Appropriate credit for taxes paid before assessment or self-assessment tax-Eligible for consequential relied-Interest on refund-Refund was more than 10 Per Cent. of tax determined after taking into account relief under Section 234B-Entitled to refund. [S.140A, 244A]