S. 143(3) : Assessment-Ex parte order-Failure to attend due to ill health-Order set aside. [S. 142(1), Art. 226]
S. 143(3) : Assessment-Ex parte order-Failure to attend due to ill health-Order set aside. [S. 142(1), Art. 226]
S. 143(3) : Assessment-Amalgamation of companies-Corporate death of entity upon amalgamation cannot invalidates Assessment order-No intimation regarding amalgamation nor revised return filed though time available after amalgamation-Notice issued-Conduct of assessee from date of search and before all forums consistently holding itself out as assessee-Assessment valid-Matter restored to Tribunal to hear appeal and cross-objections on merits. [S. 2(1A), 142(2A), 143(2), 153A, 170; Companies Act, 1956, S.394, 481]
S. 142(2A) : Inquiry before assessment-Special audit-Voluminous material seized during Search-Bogus claims-If two or three queries out of forty five queries unwarranted, entire order giving directions could not be treated as nullity-Directions neither arbitrary, illegal nor beyond scope of provision. [Rule 14A, Form 6B]
S. 132A : Powers-Requisition of books of account-Cash undisclosed seized by Excise Authorities-Deposited with Judicial Magistrate-Order giving only part of cash to Income-Tax Authorities-Not valid. [S. 131, Code of Criminal Procedure, 1973, S. 451]
S. 132 : Search and seizure-Deputy Commissioner to issue Directions to Assessing Officer-Direction is valid-Cash seized-Voluntary sworn statement unsubstantiated by evidence by third person claiming ownership not sufficient-Addition of amount as undisclosed income of assessee-Justified. [S. 69A, 132(4A)(i), 144A, 153A, 292C, Art. 226]
S. 80IB(10) : Housing projects-Transactions entered into with buyers of flats before introduction of clauses (e) and (f) of section 80IB(10)-Eligible for deduction-Amendment with effect from April 1, 2010 has no application for AY. 2010-2011.
S. 44 : Insurance business-Life insurance Business-Section 44 read with Rule 2 of Part A of First Schedule is applicable and not Rule 5 of Part B.
S. 43B : Deductions on actual payment-Interest-The payment of interest had been made by issue of fully paid up shares to ICICI-Ltd-Disallowance of interest is not justified. [S. 260A]
S. 37(1) : Business expenditure-Fines-Penalty-Not compensatory in nature-Not allowable as deduction. [Kerala General Sales tax Act, 1963, S. 45A]
S. 37(1) : Business expenditure-Capital or revenue-Leasing business-Foreign currency loan-Finance Indian enterprises in acquisition of Plant, Machinery and equipment-Enterprises In Acquisition of Plant, Machinery And Equipment-Loss due to fluctuation in foreign exchange rates-Allowable as revenue expenditure. [S. 32, R.115]