S. 12A : Registration-Trust-Exemption cannot be denied merely because certificate could not be produced as the same was destroyed during folds of 1978-Matter remanded. [S. 11, 12A, 12AA and 143(3)]
S. 12A : Registration-Trust-Exemption cannot be denied merely because certificate could not be produced as the same was destroyed during folds of 1978-Matter remanded. [S. 11, 12A, 12AA and 143(3)]
S. 11 : Property held for charitable purposes-Income from business or business held in trust-Main object is for establishing, maintaining and running a hospital for philanthropic purposes and not for the purpose of profit-Entitle exemption. [S. 2(15)]
S. 10A : Free trade zone-Export turnover-Telecommunication expenses and foreign currency expenditure not to be excluded from export turnover.
S. 4 : Charge of income-tax-Carban credit-Capital or revenue-sale of certified emission reduction credit, which the assessee earned on the clean development mechanism in its wind energy operations, was a capital receipt and not taxable.
S. 254(2)): Appellate Tribunal – Rectification of mistake apparent from the record-Duties – High Court directed the Appellate Tribunal to upload the daily order sheets and revised cause list on its website – System in this regard be put in place by the ITAT , if not already there as expeditiously as possible , preferable within three months [ S. 253 , 254(1), 255 , , ITAT Rules ,1963 19, 20Art . 226 ]
S. 56 : Income from other sources – DCF Method – Receipt of consideration for issue of shares in excess of their market value – Valuation of shares- Following the prescribed method – Addition based on estimate is held to be not justified – Deletion of addition is held to be justified [ S.56 (2)(viib ) , 68, R 11UA (2)(b) ]
S. 271(1)(c) : Penalty-Concealment-Notice-Not mentioning the specific charge for concealment of income or furnishing inaccurate particulars of income-Deletion of penalty is held to be justified.
S. 264 : Commissioner-Revision of other orders-Fringe Benefits Tax-Claim for refund based on order of Tribunal-Commissioner bound by circular-Limitation does not apply to CBDT for passing order u/s 119-Principle of fairness and reasonableness is constitutional mandate-CBDT is directed to entertain the application for grant of refund. [S. 115WD(4), 119,Art, 14, 164]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Carry forward of loss-Acceptance of claim Of without application of mind to material on record-Revision of order setting aside the Assessment order is held to be justified. [S. 37(1), 72]
S. 260A : Appeal-High Court-Remand to Tribunal by High Court-Block assessment-Limitation-Question of limitation can be raised before the Tribunal in remand proceedings-Matter remanded to the Tribunal. [S. 132, 158BC, 254(1)]