S. 254(2A) : Appellate Tribunal-Stay-Demand on account of ALP adjustment for assignment of call or put options vested by assessee to its Mauritius based group concern, inasmuch as it put said group concern at an undue advantage of buying Vodafone India shares at a price much below market rate without any corresponding benefit to assessee-Stay granted on impugned tax demand subject to deposit of 20 per cent tax and furnishing of corporate guarantee from AE. [S. 220]
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-The Tribunal has consciously adjudicated a case instead of referring it to a special bench as desired by the assessee, it is not open to him to try achieving the same under the garb of 254(2) proceedings-Miscellaneous application is rejected.
S. 254(1) : Appellate Tribunal-Power-Additional evidence-Non-consideration of additional evidence placed on record would cause prejudice to assessee-Commissioner (Appeals) to admit additional evidence. [R. 46A, ITAT R, 29]
S. 254(1) : Appellate Tribunal-Power-Additional evidence-Non-consideration of additional evidence placed on record would cause prejudice to assessee-Commissioner (Appeals) to admit additional evidence. [R. 46A, ITATR, 29]
S. 251 : Appeal-Commissioner (Appeals)-Power of enhancement of income-Commissioner (Appeals) cannot introduce new source of income-Assessment to be confined to items of income which were subject matter of original assessment. [S.. 251(1)(a)]
S. 251 : Appeal-Commissioner (Appeals)-Powers-Business expenditure-Confirmed by the CIT(A) by adopting different reasoning than that of Assessing Officer-Order set aside to the Assessing Officer for fresh order as per law after providing reasonable opportunity of hearing [S. 37(1),40(a), 254(1)]
S. 251 : Appeal-Commissioner (Appeals)-Powers-Orders passed by CIT(A) after compulsory retirement as well as in case of assessee not covered within his jurisdiction are illegal, bad in law and non-est since it issue goes to the root of the matter-Orders set aside to the files of the respective Jurisdictional CIT(A) to decide afresh in accordance with law. [S. 120]
S. 250 : Appeal-Commissioner (Appeals)-Cryptic order-Audit of accounts-Business-Unexplained trade receivables-Matter remanded. [S.44AB]
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Draft assessment order-Appeal is not maintainable. [S. 144C(1), 144C(13)]
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Draft assessment order-Appeal is not maintainable. [S. 144C(1), 144C(13)]