S. 250: Appeal-Commissioner (Appeals)-Procedure-Penalty-Ex parte order-Commissioner (Appeals) bound to decide appeal on merits-Short and inadequate opportunity of hearing violates principles of natural justice-Matter restored.
[S. 250(6), 251, 271B]
S. 244A: Refunds-Interest on refunds-Adjustment of part refund-Refund to be first adjusted towards interest component and thereafter towards principal-Interest under section 244A is allowable accordingly.[S. 140A, 220]
S. 195: Deduction at source-Non-resident-Other sums-Permanent Establishment-Stay of employees less than the prescribed period-No obligation to deduct tax at source-DTAA-India-UK [S. 9(1)(i) 201(IA) Art. 5(2)(k)]
S. 153C: Assessment-Income of any other person-Search-Material seized from another person-Addition under section 153A not sustainable. [S. 132, 153A]
S. 153A: Assessment-Search-Assessment of searched person-Search conducted at assessee’s residence-Assessment under section 153A is valid and not under section 153C-Completed assessments-No incriminating material-Transactions already recorded in books and bank statements-Section 68 addition not sustainable.[S. 68, 132, 153C]
S. 147: Reassessment-Reassessment cannot be initiated merely on vague ‘high-risk transaction’ information without tangible material. [S 68, 69, 148]
S. 147: Reassessment-Scope of reassessment-Addition on issues unconnected with recorded reasons-Reassessment is invalid where the addition made is unrelated to the reasons recorded for reopening. [Ss. 40A(3), 147, Expln. 3]
S. 147: Reassessment-Difference in GST and Income-tax Turnover-Addition cannot be sustained merely because turnover declared for GST purposes differs from turnover disclosed in the return, where the assessee furnishes a proper reconciliation explaining the difference.[S. 148]
S.147: Reassessment-After the expiry of four years-Bogus transactions-Change of opinion-Borrowed satisfaction-Lack of application of mind-Reopening invalid. [S. 68, 148, 151]
S. 145: Method of accounting-Rejection of books of account-Estimation of profits-Addition was deleted-Delay in appeal –Delay of 880 days-Delay was condoned. [S. 144, 145(3),253, Rule 46A]