S. 14A : Disallowance of expenditure-Exempt income-Enhancement of disallowance is held to be not valid. [R. 8D]
S. 14A : Disallowance of expenditure-Exempt income-Enhancement of disallowance is held to be not valid. [R. 8D]
S. 14A : Disallowance of expenditure-Exempt income-Onus on revenue to prove that disallowance was erroneous-Without examining the accounts disallowance is not justified [R.8D]
S. 12AA : Procedure for registration-Trust or institution-Bogus donations-Misuse of registered status-Cancellation of registration is held to be justified. [S. 12AA(3), 80G]
S. 11 : Property held for charitable purposes-Donation made for other charitable purposes-Entitle to exemption. [S. 2(15)]
S. 11 : Property held for charitable purposes-Depreciation-Entitle to set off excess application of income of earlier assessment year-Precedent-Commissioner (Appeals and Tribunal must follow the decision of High Court. [S. 2(24), 11(1)(d), 12(1), 32]
S. 10B : Export oriented undertakings-Manufacture of article-Processing of iron ore amounts to manufacture-Entitle to exemption-Determination of market value required verification by the Revenue-The order of remand was justified. [S. 10B(7), 80IA (8), 80IA (10)]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 5 : Time and manner of payment – Declaration accepted and Form 3 issued specifying demand — Revocation of Form 3 without affording adequate opportunity to be heard — Principles of natural justice violated — Revocation of Form 3 is held to be not valid [ Art , 226 ]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 4: Filing of declaration and particulars to be furnished – Pendency of appeal – No classification of appeals under the Act – Interpretation of CBDT Circular excluding appeals from orders under Section 143 (1)) of the Act – Portion of circular in conflict with provisions of statute Held to be not valid [ S.143(1) Art , 226 ]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 3 :Amount payable by declarant – Credit for tax paid for correct year – Rectification of application – Rectification directed and credit of tax allowed .[ Art, 226 ]
Direct Tax Vivad Se Vishwas Act, 2020 .
S. 3 : Amount payable by declarant -Tribunal remanding the matter to Assessing Officer – High Court remanding the matter to Tribunal – Entitle to lower rate of disputed tax [ S. 5, ITAct , S. 253 , Art, 226 ]