S. 10B: Export oriented undertakings-Reconstruction-New unit formed in 1998 fully independent with higher production capacity, located at separate plot-New undertaking-Entitled to exemption.
S. 10B: Export oriented undertakings-Reconstruction-New unit formed in 1998 fully independent with higher production capacity, located at separate plot-New undertaking-Entitled to exemption.
S. 5 : Benami Transaction Limitation-Order passed within time limit-Delay in communication-Order not barred by limitation-Alternative remedy-Writ is not maintainable.[S.24(1),24(3), 24(5), 26(3), 26(7), 46, 114 Art, 226]
S. 191 : Tax paid under the Scheme shall not be refunded-Paid two instalments- Default in paying final instalment- Seeking extension of time to pay third instalment-Request rejected by High Court-Direction that assessee be given benefit of amounts deposited towards first two instalments while reckoning tax liability of assessee after revised assessment. [S. 183, 185, Art. 226]
S. 2(5B) : Charge of tax-Financial company-Transfer of distribution business to a new company-Matter remanded-Interpretation of taxing statute-Charging provision must be construed strictly. [S. 2(7)]
S. 281B : Provisional attachment-Power must not be exercised in an arbitrary manner-Recovery proceedings against assignee of Partner’s Share in firm-Provisional Attachment Of Property Of Firm is not valid-Interpretation of taxing statute-The golden rule of interpretation of statutes is that the statute has to be construed according to its plain, literal and grammatical meaning, unless it leads to absurdity. [Indian Partnership Act, 1932, S. 29]
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Self assessment-Default in payment of tax on time-Paying tax in instalments-No mala fide intention to evade tax. [S. 140A(3), 226, 276(2)]
S. 271C : Penalty-Failure to deduct at source-Interest on fixed deposits-Agra Development Authority-Statutory Body-Not liable to deduct tax at source-Levy of penalty is not valid. [S. 194A(3)(iii)(f), Uttar Pradesh Urban Planning And Development Act, 1973]
S. 271(1)(c) : Penalty-Concealment-Faceless penalty scheme-rejection of request for personal hearing-Order set aside. [S. 144B, 274, Art. 226]
S. 264 : Commissioner-Revision of other orders-Binding precedent-Subordinate Authority to follow the ruing of Higher Authority-Rejection of revision petition on ground that appeal pending in High Court on similar issue against order of Tribunal-Held to be not proper-Matter remanded for de novo consideration. [S. 260, Art. 226]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order passed after enquiry-Order not erroneous-Free trade zone-Not necessary to maintain separate books of accounting for export unit-Circular and instructions-Binding on Income-Tax Authorities. [S. 10A, 119]