S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Even while passing the ex-parte order the CIT(A) has to deal with merits in respect of all issues raised in the grounds of appeal. [S. 144, 251]
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-parte order-Even while passing the ex-parte order the CIT(A) has to deal with merits in respect of all issues raised in the grounds of appeal. [S. 144, 251]
S. 195 : Deduction at source-Non-resident-Sale of property-Capital gains-Resident payee had reported income in ITR or did not have positive income in assessment year under consideration would not absolve assessee’s liability to deduct tax. [S. 201, 201(IA)]
S. 172 : Shipping business-Non-residents-Shipping business-Option to be assessed under normal provision-Summary assessment orders passed under section 172(4) on each voyage undertaken earning freight from India is held to be not valid-DTAA-India-Greece. [S. 139, 172(4), 172(7), Art. 8]
S. 170 : Succession to business otherwise than on death-Amalgamation-Assessment order was passed in the name of company which is ceased to be in existence as on date when Assessing Officer passed order-Order is nullity. [S. 2(31), 143(3)]
S. 154 : Rectification of mistake-Mistake apparent from the record-Interest-Revised return enhancing its TDS claim-Interest on refund-withdrawal of interest under section 244A(2) was beyond scope of rectification-Order of rectification was quashed and set aside. [S. 244A(2)]
S. 147 : Reassessment-Capital gains-Investment in prohibited mode-No new tangible material-Reassessment is bad in law. [S. 11, 13(1)(d), 143(1)]
S. 145 : Method of accounting-Development of property and construction-Percentage completion method (PCM)-As per clause (5) of Guidance Note issued by ICAI, cost of construction and also saleable project area needed to be taken into account while recognizing revenue under Percentage completion method-Matter remanded. [AS-9]
S. 145 : Method of accounting-Search-No incriminating evidence was found-No addition could be made on account of difference in stock of sugar-Valuation of stock-No addition could be made on account of difference in stock of molasses. [S. 132, 153A]
S. 144B : Faceless Assessment-Personal hearing through video conferencing not granted-Matter was to be remanded to Commissioner for de novo adjudication. [S. 143(3) Rule, 12]
S. 143(3) : Assessment-Limited scrutiny-Newspaper publication-Instructions are binding on revenue-Instructions cannot be ultra vires of section 119-Other expenses-Direct trading expenditure which were wrongly included in other expenses are to be excluded form the limited scrutiny. [S. 37(1), 119]