S. 143(3) : Assessment-Remand-Appellate Tribunal-Order passed by AO beyond the directions of Tribunal-Order giving effect is quashed.-Change of opinion is not permissible – Entitle to refund with interest -Unexplained money – S. 115BBC(1) is not applicable to donations received as offerings from devotees -Strictures- Court also observed that “ For determining the taxes due the Assessing Officer should avoid bringing far -fetched and ideas . Without understanding the basic philosophy of income -tax , provisions are referred to so that any assessee can be taxed at any cost which is not fair or judicious approach to deal with the subjects of the State” [S. S. 11,12A, 44AB 69A, 115BBC(1), 254(1),263 , Form No 10B, Art.226 ]
Ayyappa Seva Samgham Bombay v. DCIT (2024) 338 CTR 632 / 161 taxmann.com 439// 467 ITR 672 (Bom) (HC)