S. 4 : Charge of income-tax-Carbon credit-Capital or revenue-Receipt from sale of carbon credit was a capital receipt and hence not liable to tax. [S. 28(i)]
S. 4 : Charge of income-tax-Carbon credit-Capital or revenue-Receipt from sale of carbon credit was a capital receipt and hence not liable to tax. [S. 28(i)]
S. 2(22)(e) : Deemed dividend-Unsecured loan from group company-Paid back with interest in same year-Deletion of addition is valid. [S. 260A]
S. 2(14)(iii) : Capital asset-Agricultural land-Capital gains-agricultural lands converted for non-agricultural purpose-lands did not fall within 8 kms from Municipality of Bangalore-Continued agriculrural operation-Mere inclusion of land in Special Zone without any infrastructure development does not convert land into non-agricultural land-Not liable to capital gain tax. [S. 45]
S. 115JB : Book profit – Banking Companies – Prior to amendments by Finance Act , 2012 ,provision is not applicable to Banking companies . [ Banking Regulation Act, 1949 ]
S. 147: Reassessment – After the expiry of four years – Verification tax residency certificate issued by other jurisdiction – For determining residential status, treaty eligibility and legal ownership – bad in law – Reassessment Notice quashed- DTAA-India – Singapore .[S. 143(1), 148, Art, 13(4), Art , 226 ]
S. 147: Reassessment – After expiry of four years – Income from other sources – Income from house property -Query had been raised regarding loan taken and utilisation thereof during assessment proceeding and answered – Reopening of assessment to disallow interest on such loan -Change of opinion reassessment notice and objection disposing the objection was quashed [ S. 24(3), 56 , 148 , Art , 226 ]
S. 245 : Refund-Set off of refunds against tax remaining payable-Adjustment made without prior intimation is held to be bad in law. [Art. 226]
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Company-Principal officer-Discharge affirmed by High Court-On submission by assessees order of discharge set aside and direction for trial to proceed keeping all defences available to accused open. [S. 2(35), 278B]
S. 271C : Penalty-Failure to deduct at source-Reasonable cause-Supplementary commission-Airline-Different views High Courts-Levy of penalty is quashed. [S. 194H, 273B, Contract Act, 1872, S. 182, 215, 216]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Valuation of shares-Conducting enquiry and not recording satisfaction for accepting the claim-Satisfaction of an administrative or a quasi-authority should be manifest and vivid on the face of the order or proceedings. There can be no inference as regards satisfaction, nor can the provision of law be read in to connote deemed satisfaction-Order of revision is valid. [S. 56(2)(viib), R. 11UA]