S. 80I : Industrial undertakings – Income derived – Interest received from customers for delay in payment of sale consideration – Entitle to exemption .
S. 80I : Industrial undertakings – Income derived – Interest received from customers for delay in payment of sale consideration – Entitle to exemption .
S. 41(4) : Profits chargeable to tax – Bad debt – Bad debts recovered by the amalgamated company – Liable to tax [ S. 36(1)(vi), 41(1) ]
S. 12AA : Procedure for registration –Trust or institution-Limitation period of six months – Any decision taken afresh in pursuance to directions of the appellate authority the period of limitation of six months is not applicable [ S. 12AA(2), 80G, Form 10A ]
S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Unsigned notice – Order is bad in law- Notice and order was quashed . [ S. 147, 148 292B, Art , 14, 226 ]
S. 69C : Unexplained expenditure – Civil Contractor engaged in civil construction contracts- Purchases from suspicious dealers – Official websites of the Sales Tax Department, Government of Maharashtra -Bogus purchases -Books of account not rejected – Opportunity for cross examination was not provided – Purchases through banking channels- Deletion of addition is upheld [ S.133(6), 143(3)]
S. 279: Offences and prosecutions – Sanction – Chief Commissioner – Commissioner – Compounding can be done beyond a period of 12 months – Guidelines contrary to the Act – Rejection of Compounding Application Quashed.[ S. 192 , Art , 226 ]
S. 271(1)(c) : Penalty – Concealment – Addition based on stamp valuation – Deeming section – Levy of penalty is not valid .[ S. 56(2)(x) ]
S. 276B : Offences and prosecutions – Failure to pay the tax deducted at source – Application failed to disclose same offences in earlier years – Rejection of compounding application is held to be valid [ Art, 226 ]
143(2): Assessment – Notice – Amalgamation -Notice issued in the name of a non-existing entity is bad in law where the assessee had intimated the Department regarding such change – Decisions are to be read in the context in which they are rendered. [ S. 143(3), 292BB ]
S. 201 : Deduction at source – Failure to deduct or pay – Earlier order was set aside by the Tribunal -Department appeal is pending for hearing – Order of Tribunal not stayed – Order holding that the assessee in default for latter year following the order of earlier year was quashed – Order of Tribunal is binding on the Assessing Officer – Order treating the assessee in default was quashed . [S. 260A, Art , 226 ]