S. 143(2) : Assessment-Notice-Notice issued by Assessing Officer returned unserved cannot be treated as service of notice.[s. 292BB, General Clauses Act, 1897, S. 27]
S. 143(2) : Assessment-Notice-Notice issued by Assessing Officer returned unserved cannot be treated as service of notice.[s. 292BB, General Clauses Act, 1897, S. 27]
S. 143(1) : Assessment-Intimation-Prima facie adjustment Employees contribution to EPF/ESI-Adjustment is held to be valid [S. 36(1)(va), 43B, 143(1)(a)]
S. 143(1) : Assessment-Intimation-credit for deduction of tax at source-Assessing Officer should give an opportunity to file tax credit certificates and consider claim of assessee. [Form No, 26AS]
S. 143(1) : Assessment-Intimation-Adjustment made by CPC-disallowance of expenditure-Assessing the Trust as an AOP-Adjustment was directed to be deleted-Application u/s 154 of the Act was allowed.[S. 2(31), 12A, 57, 154, 167B]
S. 142A : Estimate of value of assets by Valuation Officer-Fair market value-Property having high rental value in market and huge commercial viability-Circle rate not indicative of market value-Comparable sale instance better indication of realisable value.
S. 142A : Estimate of value of assets by Valuation Officer-Reference to Department Valuation Officer-Unexplained expenditure-Reference for valuation of agricultural land purchased-Not valid-Commissioner (Appeals)-No power to change section under which Assessing Officer has assessed item of income. [S. 69, 69C 250, 251]
S. 142(2A) : Inquiry before assessment-Special audit-Not pointed out any complexity-Reference to special audit, therefore is an invalid reference, contrary to law-Consequently, the assessment order passed in the extended period is barred by limitation and hence void [S. 143(2), 153]
S. 133A: Power of survey-Assessment-Income from undisclosed source-Additions made solely on the basis of statement recorded during survey-Additions not justified. [S. 131, 143(3)]
S. 132(4) : Search and seizure-Statement on oath-Tax cannot be charged on notional income-Addition was deleted [S. 153A]
S. 132 : Search and seizure-Chartered accountant-Illegal search-Excess cash-Evidence can be used against the assessee-Assessee cannot allege search was to be conducted on another person and not him-Cash and balance of gold coins found in excess declared in the return to be added back.[S.69A, 69B, 143(3), 153A]