S. 90: Double taxation relief – Long term capital gains – Transfer of shares – Beneficial Owner – cannot be assumed or inferred – AO to decide whether the concept of “beneficial owner” is inbuilt in the scheme of Article 13 – Matter remanded – DTAA-India – Mauritius. [ S. 143(3),154 , Art . 10, 11 , 13(4) ]
S.37(1): Business expenditure – Referral commission paid to doctors – Violation of the professional conduct- Not allowable as deduction. [ Indian Medical Council ( Professional Conduct Etiquette and Ethics ) Regulations 2002, R. 6.8. 1(d) ]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Pendency of appeal before CIT(A)-Commissioner can assume jurisdiction under section 263 in respect of issues which have not been considered and decided by Commissioner (Appeals)-Cash credits-Accommodation entries-Revision is held to be valid. [S. 68, 148]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order passed by the Assessing Officer of a different jurisdiction-Assessment order was passed on basis of an invalid and non est notice, it could not be countenanced in law, and consequently, revisional action is not permissible hence not valid. [S. 127, 143(2), 143(3), 292BB]
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Principle of natural justice-Dismissal of appeal without granting right to be heard-Matter remanded [S. 154]
S. 250 : Appeal-Commissioner (Appeals)-Procedure-Failure to attend on specified date-Failure to consider additional evidence-Order was set aside and directed to pass speaking order. [S. 251]
S. 244A : Refund-Interest on refunds-Excess tax deduction at source–Entitled to interest on refund of excess deduction of tax at source under section 195 of the Act.
S. 194J : Deduction at source-Fees for professional or technical services-Transaction charges-TDS is deductible under section 194I and not under section 194J [S. 194I]
S. 148 : Reassessment-Notice-Service of notice-Information through RTI-Generalistic notice issued without mentioning full and correct address of assessee would not be a valid notice for reopening of assessment-Matter remanded to the file of CIT(A). [S. 147]
S. 147 : Reassessment-Alleged non conduct of Audit-Reassessment notice is not valid. [S 44AB, 80IB(11A), 133(6), 148]