S. 153A : Assessment-Search-No incriminating material-Addition cannot be made in respect of unabated assessments-SLP of Revenue is dismissed. [S. 132 Art. 136]
S. 153A : Assessment-Search-No incriminating material-Addition cannot be made in respect of unabated assessments-SLP of Revenue is dismissed. [S. 132 Art. 136]
S. 153A : Assessment-Search-No incriminating material was found-Share capital-Investor companies had ample funds to make investment in share capital-Opportunity of cross examination was not provided-SLP of Revenue is dismissed. [S. 68, Art. 136]
S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years-Satisfaction recorded by Joint Commissioner-The notice issued under section 148 and order is set aside. [S. 147, 148, 151 (1), Art. 226]
S. 149 : Reassessment-Time limit for notice-Service of notice-Period of limitation-Authentication of notices and other documents-Notice dated 2-6-2022 for the assessment years 2013-14 and 2014-15, mailed after 3-6-2022-Not mentioning the name and designation of the concerned officer-Notice and order is quashed and set aside. [S. 148, 148A(b), 148A(d), 282A, Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Time limit for notice-Notice dated 30-6-2021-The said notice was dispatched on 16-7-2021-Limitation expired on 30-6-2021-Notice is barred by limitation-Notice and order was quashed. [S. 148, 148(b), 148A(d), 149, Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-No obligation to supply material or evidence on basis of which opinion is formed – Interpretation of Taxing Statutes – Nothing can be read into or implied – Words to be given their plain meaning-A taxing statute is to be interpreted literally-There is no intendment to taxing statute and nothing can be implied from or read into a taxing statute. The words used in taxing statutory provision are required to be given their plain meaning-.Alternative remedy-Writ petition is dismissed.[S. 148, 148A(b), 148A(d), Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Transfer cases from Chandigarh to New Delhi-Transfer of case to new Delhi-Notice issued by the Assessing Officer who had no jurisdiction-Order of Transfer come in to effect immediately-Notice was quashed-Existence of alternative remedy is not absolute bar. [S. 127(2), 148, 148A(b) 148A(d), Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained expenditure-Purchases from parties-Violation of principle of natural justice-Order set aside and matter remanded to the file of the Assessing Officer at the stage of show cause notice. [S. 148A(b), 148(d), Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Search-Finacial scam-Principal CIT was directed to refer the case along with all other involving same broker where similar modus operandi was adopted relating to unaccounted cash loan to Enforcement Directorate (ED).[S. 69A, 132, 148A(b), 148A(d), Art.226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Opportunity must be given-Order passed without considering the objection raised under the earlier unamended provisions of section 148 of the Act-Order is set aside. [S. 148, 148A(b), 148A(d), Art. 226]