S. 80IA :Industrial undertakings – Form 10CCB not filed with return of income- The filing of form is directory and not mandatory- Disallowance of exemption is not justified [ S. 143(1) ]
S. 80IA :Industrial undertakings – Form 10CCB not filed with return of income- The filing of form is directory and not mandatory- Disallowance of exemption is not justified [ S. 143(1) ]
S. 69B : Amounts of investments not fully disclosed in books of account –Alleged cash payment – Opportunity of cross examination was not provided –Matter remanded – Directed the Assessing Officer to grant an opportunity of cross examination . [ S. 131(1), 148 ]
S. 69 :Unexplained investments -Survey – Excess stock – Assessable as business income and not as undisclosed investment [ S. 115BBE , 133A ]
S. 68 : Cash credits – Search – Draft agreement found on WhatsApp- Sales consideration as per registered agreement has to be accepted as actual sales consideration – Addition was deleted . [ S. 132 ]
S. 68 : Cash credits – Cash deposit – Demonetization- Burden is on the Assessing Officer to prove that the explanation offered by the assesee are incorrect – Addition was deleted .
S. 68 : Cash credits – Penny stock – Long term capital gains- Merely on the basis of surmises , suspicion and conjecture , without any independent verification addition cannot be made as cash credits – Denial of exemption is not justified – Estimated commission u/s 69C of the Act was also deleted .[ S. 10(38), 46 , 69C ]
S. 68 : Cash credits – Protective assessment – Addition made under Black money Act – Not attained finality – Deletion of addition was affirmed . [S. 143(3), Black Money ( Undisclosed Foreign Income and Assets ) and Imposition Act 2015 , S .10(1), 10(3) ]
S. 56 : Income from other sources –Agreement value less than stamp valuation – Property purchased – Slum area – Valuation report of valuer was filed – Not referred to valuation Officer -Request to send back the matter to Assessing Officer to refer the matter to DVO was rejected- Addition was deleted [ S. 56(2)(vii))(b) ]
S. 45(4) : Capital gains – Distribution of capital asset – Dissolution of firm – Additional grounds admitted -Suo motu offering gains – No documentary evidence that land contributed to firm by partners at time of formation of firm withdrawn at time of retirement — Issue requiring investigation — Additional ground cannot be admitted- Delay in filing appeal was condoned . [ S. 254(1) ]
S. 44AD :Presumptive taxation- Cash credits – Not required to maintain books of account – Addition cannot be made as cash credits – Provisions of section 115BBE is not applicable [ S. 68, 115BBE ]