S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Limitation period is to be counted from date of service of order and not from date of order.
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Limitation period is to be counted from date of service of order and not from date of order.
S. 199 : Deduction at source-Credit for tax deducted-Merged with four companies-Income shown in the return-Form no 26AS reflecting the tax deducted at source of merging companies-Denial of credit is held to be not justified.
S. 199 : Deduction at source-Credit for tax deducted-Income assessable to number of years-Credit for tax deducted at source shall be allowed cross those years in same proportion in which the income was assessable. [S. 4, 145, Rule 37BA]
S. 195 : Deduction at source-Non-resident-Other sums-Distribution of computer software-Ancillary services-Services rendered and amount received outside India-Not royalty-Not liable to deduct tax at source-DTAA-India-Singapore. [S. 9(1)(vi), Art, 12]
S. 195 : Deduction at source-Non-resident-Purchase of shares on 11-7 2008-Explanation 2 to section 195 which imposes tax withholding obligations on non-residents in respect of payments involving income taxable in India, was introduced by Finance Act 2012-Not liable to deduct tax at source. [S. 201(IA)]
S. 154 : Rectification of mistake-Defect in application-Records-Opportunity must be provided to correct the defect-Every statutory order/decision and relevant facts which went into decision making of punching figures on e-portal at relevant point of time would constitute record for purposes of proceedings under section 154 of the Act-Matter remanded. [S. 139]
S. 153A : Assessment-Search-Unexplained money-Foreign Bank account-HSBC, Geneva, Switzerland-Information was not provided as per Article 26 of DTAA which came in to effect from 1-4-2011-Addition as unexplained Swiss Bank deposits or interest earned was deleted-DTAA-India-Switzerland. [S. 69A, 132, Art. 26]
S. 148 : Reassessment-Notice-Non disclosure of capital gains-Legal heirs-Notice was served upon only on three legal heirs out of seven and the assessment was framed in the name of one legal heir-Matter remanded to the Assessing Officer to issue notice to all legal heirs and decide afresh. [S. 143(3), 147]
S. 147 : Reassessment-With in four years-Share premium-Director (Inv.)-Reassessment was held to be not valid [S.56(2)(viib), 148]
S. 147 : Reassessment-With in four years-Change of opinion-Provision for bad and doubtful debts-Reassessment notice was held to be not valid. [S. 36(1)(viia), 148]