S. 246A : Appeal – Commissioner (Appeals) – Appealable orders –Dismissal of appeal – CIT (A) is directed to decide the appeal on merits . [ S.234E, 250 ]
S. 246A : Appeal – Commissioner (Appeals) – Appealable orders –Dismissal of appeal – CIT (A) is directed to decide the appeal on merits . [ S.234E, 250 ]
S. 206C : Collection at source – Trading – Alcoholic liquor – Forest produce – Scrap – Levy of interest – Merely because the form No 27 filed by the assessee was incomplete levy of interest is not justified . [ S.201(IA , 206 (7) )
S. 154 : Rectification of mistake – Review is not possible – Ascertain the correct and true nature of expenses – Rectification is held to be bad in law [ S. 37 (1) , 143 ( 3) ]
S. 153D : Assessment – Search – Approval -Information through RTI – Approval not obtained – Order is bad in law [ S.143(3), 153A ]
S. 148 : Reassessment – Notice – Valid service of notice is not mere procedural requirement , it is a condition precedent to validity of any assessment or reassessment – If notice issued is shown as invalid , subsequent proceedings shall be illegal – Service by affixture – Reassessment was quashed as the service of notice was not proper as per the law as per Order V, Rule 12, Rule 17, rule 19, Rule 20(1) and Order III, Rule 2 of the Code of Civil Procedure 1908 . [ S. 147, 149, 282 ]
S. 147 : Reassessment – Cash credits – Information from investigation wing – Merely on the basis of information from investigation wing without any further verification reassessment is bad in law [ S.68, 148 ]
S. 144C : Reference to dispute resolution panel – Draft order was not signed and stamped by the Assessing Officer- Order is not invalid [ S. 143 ( 3) , 292B]
S. 144C : Reference to dispute resolution panel – Time barred objections –DRP rejected the application as time barred – Assessing Officer is required to complete the assessment with one month from end of month in which period of filing of objections under sub-section (2) expires— Assessment order is barred by limitation [ S.92CA, 144C (2) , 144C(3) 144C (13) ]
S. 133A :Power of survey –Excess stock – Surrender in the course of survey – Merely on the basis surrender made in the course of survey addition is held to be not justified- Estimated addition on net profit was also deleted . [ S.143 (3)]
S. 92C : Transfer pricing – Arm’s length price – CUP method – Matter remanded for fresh adjudication .