S. 143(3): Assessment-Disallowance of 20% of gross expenses-Tribunal deleting the addition-Order of Tribunal is affirmed. [S. 143(2) 144, 260A]
S. 143(3): Assessment-Disallowance of 20% of gross expenses-Tribunal deleting the addition-Order of Tribunal is affirmed. [S. 143(2) 144, 260A]
S. 143(2) : Assessment-Notice-Contempt-Not following the judgement of High court order-Liable for contempt-Notice was quashed on ground of jurisdiction as well as consequential orders were also directed to be set aside-Assessing Officer deliberately and intentionally Assessing Officer permitted to continue, outstanding amount operative on web portal till seven months-Reputation of assessee-Assessing Officer is held of Contempt of Court-Directed to pay a fine of Rs 25000 along with simple imprisonment for a period of one week, in case of default one day’s further simple imprisonment. [S. 124, Contempt of Courts Act, 1971, S. 12]
S. 127 : Transfer of case-Proceedings for assessment is pending-At the motion stage the Court cannot pass the interim order-Pendency of writ petition will not bar for proceed with assessment proceeding.[S. 148, 148A(d), Art, 226]
S. 119 : Central Board of Direct Taxes-Instructions-Circular-Refund-Condonation of delay Belated return beyond period specified in section 139-Delay is directed to be condoned-Matter remanded. [S.119(2)(b), 139 237, 244A, Art. 226]
S. 115J : Company-Book profit-Addition of prior period adjustments-To be included for working out book-Order of Tribunal is set aside. [S. 260A]
S. 11 : Property held for charitable purposes-Charging substantial fees from students-Exemption cannot be denied-Order of Tribunal is affirmed.[S. 2(15), 13, 260A]
S. 10(23C) : Educational institution-Cancellation of registration-Surplus generated by was to be ploughed back for fulfilment and attainment of educational activities-Denial of approval is not justified.[S. 10(23C(vi), 12AA(2), Art. 226]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Supply of equipment-DTAA-India-Singapore-Issue settled under VSV Scheme-Appeals have became infructuous-Appeal is dismissed. [S. 92, Art. 5, Art. 136]
S. 132B : Application of seized or requisitioned assets -Search and seizure —Return of seized cash — Inordinate delay in returning seized cash — Entitled to interest on amount returned .[ S. 132, Art. 226 ]
S. 144C : Reference to dispute resolution panel -Jurisdiction-Dispute Resolution Panel can give directions only in pending assessments – Interpretation of taxing statutes — Strict interpretation. [ S.92CA ,246A, Art. 226 ]