S. 143(1)(a) : Assessment – Intimation – Prima facie adjustment Rectification of mistake – Assessing Officer was to be directed to consider application of assessee for rectification afresh and pass a speaking order – Matter remanded. [S. 154, Art. 226, Form 3CCD]
S. 124 : Jurisdiction of Assessing Officer–Assessing Officer Mumbai cannot continue to exercise jurisdiction in the case of the assessee even if PAN came to be transferred much later than a transfer of jurisdiction. [S. 92CA]
S. 80IB (10) : Housing projects- Delay of 365 days in filing of return- Denial of exemption-CBDT rejecting the application for condonation of delay-Order of rejection was set aside- Delay was condoned-Assessing Officer was directed to allow the claim as per law. [S. 119(2)(b), 143(1), Art. 226]
S. 80IBA : Profits and gains from housing projects –Writ of Mandamus – Availing deduction from 31-3-2022 to 31-3-2023– Completion of housing projects from five years to seven years-Petition was dismissed. [S. 80IAC, 80IBA(2)(b) 115BAB, Art. 14, 226]
S. 80IB (10) : Housing projects-Built up area of less than 1000 square feet–Completion certificate was issued by the Competent Authority -Denial of exemption was not valid.
S. 80IA : Industrial undertakings – Infrastructure development-Inland container depot and container freight station – Entitled to the deduction. [S. 80IA(4), 260A]
S. 69C : Unexplained expenditure – Bogus purchases – Business of civil construction – Payment through banking channels – Order of Tribunal deleting the addition was affirmed. [S. 260A]
S. 69C : Unexplained expenditure-Contract business-Civil works for the State Government and semi-Government agencies. Failure to produce certain suppliers – Estimated net profit at 12. 5 Per cent on alleged bogus purchases – Order of Tribunal affirmed. [S. 37(1), 68, 145]
S. 69C : Unexplained expenditure-Bogus purchases-Information was received from Sales Tax Department-Sales was not disputed-Purchases cannot be deleted-Matter remanded to the Tribunal only to the limited extent of going into gross profit rate. [S. 145, 148], 254(1), 260A
S. 69C : Unexplained expenditure- Cash credit -Bogus purchases- Entire purchases cannot be disallowed – Only profit element embedded on alleged purchases can be added. [S. 37(1), 68, 133(6), 145]