S. 68 : Cash credits – Purchase and sales through book entries with sub -broker -Commodity exchange – Futures Speculative transactions- Forward market commission-Accommodate bogus loss- Transaction with sub -broker – Addition is deleted .
S. 68 : Cash credits – Purchase and sales through book entries with sub -broker -Commodity exchange – Futures Speculative transactions- Forward market commission-Accommodate bogus loss- Transaction with sub -broker – Addition is deleted .
S. 11 : Property held for charitable purposes – Belated filing of return – Denial of exemption is not justified- Addition made under Section 143(1)(a)(ii) of the Act is deleted – Directed to accept the returned income- Circular of CBDT is binding on Revenue .[ S. 12,12A(1)(b),119, 139(1),139(4) ,143(1)(a)(ii)]
S. 119 : Central Board of Direct Taxes- Circular – Condonation of delay of 1585 days – Revised return – Principle of natural justice -No personal hearing was granted – In the absence of any provision to the contrary, such principles should be read into the unoccupied interstices of a statute- Order of rejection is set aside and directed to pass the order after granting the personal hearing . [ S.119(2)(b), 139(5) Art. 226 ]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Review of order is not permitted – Writ petition is dismissed . [ Art. 226 ]
S. 153C : Assessment – Income of any other person – Search and seizure – Satisfaction note pertained to non-searched entity and material which was alluded to pertained to assessment year 2019-20 only- Notice pertaining to AYs 2014-15, 2015-16, 2016-17, 2017-18, 2018-19 and 2020-21 is quashed and set aside. [S. 132 , Art. 226 ]
S. 147 : Reassessment –With in four years-Accommodation entries – Sale of shares – All material with respect to transaction at time of original assessment – Assessing Officer was satisfied with the explanation- Change of opinion – Reassessment notice and order disposing the objection is quashed . [ S. 68, 132, 148 , Art. 226 ]
S. 132: Search and Seizure –Strictures – Warrant issued – Search premises left blank – Witnesses from different place – Panchnama – Search invalid – Documents to conduct search fabricated- An income tax inspection and/ or investigation would be permissible only in respect of a past event but not for possible future contingencies- Department is directed to refund cash of Rs.5.00 crores to assessee with interest at 12% p.a. along with costs of Rs.20,000. [ S.132A, 132B, Art. 14, 226 , 300A ]
S. 37(1) : Business expenditure – Civil contractor – Widening and strengthening of existing road – Purchase of marble for construction of High way Authority – Parties whose name cheques were alleged to be issued had deposed on oath that they had neither encashed cheque nor received amount – Order of Tribunal affirming the disallowance is affirmed .[ S.260A ]
S. 271D : Penalty-Takes or accepts any loan or deposit-Receipt of consideration for sale of immovable property in cash-Registered document duly signed by vendor and purchaser showing receipt in cash-Wrong entry-Adjustment thorough a journal entry-Failure to modify in the document-Levy of penalty is affirmed.[S. 269SS, 274]
S. 271B : Penalty-Failure to get accounts audited-Not maintaining the books of account-Not liable for penalty for failure to get accounts audited.[S.44AA, 44AB, 139(1),148, 271A]