S. 144B : Faceless Assessment-Draft assessment order-Final notice with draft assessment order not served-Assessment order not valid. [S. 144B(1)(xvi), 144B(xxii), Art. 226]
S. 144B : Faceless Assessment-Draft assessment order-Final notice with draft assessment order not served-Assessment order not valid. [S. 144B(1)(xvi), 144B(xxii), Art. 226]
S. 144B : Faceless Assessment-Draft assessment order-Violation of principle of natural justice-Failure to issue notice-Order not valid [S.143(3), 144(2), Art. 226]
S. 144B : Faceless Assessment-Procedure prescribed not followed-Cash credits-Firm-Partner-Source of the investors of capital and amount received need not be established-Matter remanded. [S.68,69, 143 (3), 144B(9), Art. 226]
S. 144 : Best judgment assessment-Discrepancy in dates of actual hearing and dates of service of notices mentioned in assessment order-Not granted an effective opportunity of hearing-Assessment order and consequential penalty notices set aside-Matter remanded. [S. 263, 271(1)(c), Art. 226]
S. 143(3) : Assessment-Alternative remedy-Adequate opportunities of hearing given were not availed-Writ is not maintainable when there is an efficacious statutory remedy of appeal before CIT(A). [S. 143(2), 246A, Art. 226]
S. 139 : Return of income-Revised return-Demerger-Delay in filing revised return-Demerger-Protective assessment-Sanction from Company law Board-Rejection of revised return is not valid. [S 139(5), Art. 226]
S. 132B : Application of seized or requisitioned assets-Seizer of cash-Direction issued to return seized cash in accordance with assessment order. [S. 132B(3), Art. 226]
S. 132(4) : Search and seizure-Statement on oath-Presumption as to correctness-Onus on Deponent to prove the contrary-Retraction of statement should be at the earliest with supporting material-Affidavit of mother in law is held to be unreliable as they were interested and self-serving testimonies-Order of Tribunal remanding the matter to the file of CIT (A) is affirmed. [S. 132, 132(4A)]
S. 132 : Search and seizure-Offences and prosecution-Disclosure of information-Police cannot ask the Income tax Authorities to hand over the documents seized by the Income tax Authorities. [S. 138(2), 293, Code of Criminal Procedure, 1973, S. 91, Art. 226]
S. 80P : Co-operative societies-Providing Loans to associate or nominal members-Interest earned-Matter remanded. [S. 80P(2)(a)(i)]