S. 263 : Commissioner – Revision of orders prejudicial to revenue – Deposit from members – Revision of order to examine and consider the applicability of section 69A, 115BBE on cash deposits , provisions of section 80P(2) and 269SS of the Act is held to be not justified . [ S. 69A, 80P(2), 115BBE , 143(3), 269SS ]
S. 253 : Appellate Tribunal – Jurisdiction of the Bench – On the basis of Jurisdiction of the Assessing Officer. [ ITAT R, 1963 , R 4 ]
S. 250 : Appeal – Commissioner (Appeals) –Duty bound to adjudicate on available data – Dismissal of appeal is not valid – Matter remanded to the file of CIT(A) to decide on denovo consideration .[ S. 250(6) ]
S. 234A : Interest – Default in furnishing return of income – Assessment for the first time – Not liable to pay interest for the period during which it was not possible to file return. [ S. 139, 147, 154 ]
S. 234A : Interest – Default in furnishing return of income – being compensatory in nature, can only be levied up to such date of self-assessment and not beyond that period or till date of completion of assessment.[S. 234B]
S. 199 : Deduction at source – Credit for tax deducted – TDS deducted – Entitle to get credit even if the income is not offered to tax . [ R. 37BA(3) ]
S. 143(1)(a) : Assessment – Intimation – Tax deduction at source – Salary – Tax credit is required to be granted while processing the return u/s 143(1) , even if tax deducted was not paid . [ S. 143(1), 192 , 199, 209, 234B ]
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 ]