-25%

Technical & Legal Issues & Solutions under Income Tax Act with Youtube Videos

Original price was: ₹1,395.00.Current price is: ₹1,046.00.

Book Details
Title Technical & Legal Issues & Solutions under Income Tax Act with Youtube Videos
ISBN 978-93-4808-073-8
Edition 1st edn., 2025
Pages 752
Authors Dr. Amit Kumar Gupta
Publisher Bharat Publishers
(Flat 25% Discount for a limited period + Free Shipping)
HSN/SAC Code49011010
SKU: TG-BPG-TLISUITAYV Categories: , ,
View cart

Description

“Technical & Legal Issues & Solutions under Income Tax Act” by Dr. Amit Kumar Gupta is a unique and practical guide designed to decode complex tax issues with a dual approach—in-depth written analysis and supplementary YouTube video content.

This first-of-its-kind 1st Edition (2025) provides:
✅ Detailed explanations of intricate tax provisions
✅ Legal interpretations and case-based discussions
✅ QR-linked YouTube videos for enhanced conceptual clarity
✅ Ideal for tax professionals, chartered accountants, lawyers, and students

Stay ahead in your tax practice with this dynamic blend of book and multimedia, published by Bharat Publishers and available at a flat 25% discount with free shipping.

CONTENTS
Bharat? 5
Preface 7
About the Author 9
SECTION WISE INDEX
Page No.
Section 2(1B): Amalgamation
WHETHER ASSESSMENT IN NAME OF AMALGAMATED COMPANY EVEN IF NOTICE ISSUED BEFORE AMALGAMATION VALID? 1
WHETHER ASSESSMENT ORDER PASSED IN THE NAME OF AMALGAMATED COMPANY IS NULL AND VOID ABINITIO? 362
ONCE FACTUM OF AMALGAMATION INTIMATED, PARTICIPATION IN PROCEEDINGS WILL NOT JUSTIFY PROCEEDINGS? 416
Section 2(7A): Assessing Officer
WHETHER NOTICE U/S 143(2) CAN BE ISSUED BY A.O. WHO DOES NOT HAVE JURISDICTION OVER ASSESSEE? 3
Section 2(14): Capital Asset
WHETHER RELINQUISHMENT OF ASSESSEE’S SHARE IN FIRM IS A CAPITAL ASSET & ELIGIBLE FOR 54F EXEMPTION? 4
WHETHER LOAN GIVEN BY ASSESSEE TO ITS SUBSIDIARY IS A CAPITAL ASSET WITHIN MEANING OF SECTION 2(14)? 5
Section 2(15): Charitable Purpose
WHETHER AFFILIATION BY A REGULATORY AUTHORITY ARE ESSENTIAL ATTRIBUTES OF EDUCATION u/s 2(15)? 6
WHETHER PROVISO TO SECTION 2(15) WILL BE APPLICABLE IF RECEIPTS ARE INCIDENTAL TO THE MAIN OBJECTS? 7
WHETHER ORGANISING DRAMA ON VARIOUS PERSONALITIES COMES IN THE DEFINITION OF EDUCATION? 8
Section 2(19): Co-operative Society
WHETHER DEDUCTION IS ALLOWED U/S 80P FOR INTEREST EARNED FROM INVESTMENTS WITH CO-OPERATIVE BANKS? 9
Section 2(19AA): Demerger
WHETHER SALE OF INDIVIDUAL ASSETS CAN BE TERMED AS SLUMP SALE? 10
Section 2(22)(e): Deemed Dividend
WHETHER TRADE ADVANCES IN THE NATURE OF COMMERCIAL TRANSACTIONS CAN BE TAXED AS DEEMED DIVIDEND? 11
WHETHER DEEMED DIVIDEND IS TAXABLE IN THE HANDS OF BENEFICIAL SHAREHOLDER OR BORROWER? 12
WHERE UNSECURED LOAN FROM COMPANY TO FIRM IS TAXABLE, IN HANDS OF FIRM OR PARTNER WHO HOLDS SHARES? 15
WHETHER PROVISION OF 2(22)(e) IS APPLICABLE WHERE SHAREHOLDER IS NOT BENEFICIAL OF LOAN TRANSACTION? 14
Section 2(23C): Hearing
WHETHER ASSESSMENT ORDER WITHOUT DIN IS VALID IF DIN IS MENTIONED IN DEMAND NOTICE? 16
Section 2(24): Income
WHETHER AN AMOUNT RECEIVED ON ARBITRATION BY A PARTNER FROM A FIRM IS TAXABLE? 18
WHETHER PRINCIPLE OF MUTUALITY WILL APPLY TO INTEREST RECEIVED ON FIXED DEPOSITS BY CLUBS? 20
WHETHER GRANT BY GOVERNMENT FOR SPECIFIC PURPOSE IS EXEMPT EVEN IF 12AA REGISTRATION IS NOT THERE? 21
WHETHER ENTRIES IN BOOKS OF ACCOUNTS CONCLU-SIVE TO DETERMINE TAXABLE INCOME OF ASSESSEE? 22
Section 2(31): Person
WHETHER DEDUCTION u/s 80P(2)(a)(i) CAN BE DENIED SIMPLY BECAUSE ASSESSEE ADOPTED THE STATUS AS AOP? 23
Section 2(35): Principal Officer
WHETHER REASONABLE CAUSE IS LIGHTER THAN GOOD AND SUFFICIENT CAUSE IN PROSECUTION PROCEEDINGS? 24
Section 2(47): Transfer
WHETHER AN AMOUNT RECEIVED ON ARBITRATION BY A PARTNER FROM A FIRM IS TAXABLE? 18
WHETHER J.D.A. WITHOUT REGISTRATION WILL BE CONSIDERED AS TRANSFER U/S 2(47)? 26
Section 4: Charge of income-tax
WHETHER MERE INCREASING EXPENSES AND REDUCING AGRICULTURAL INCOME RESULT IN INCOME FROM OTHER SOURCE? 27
WHETHER INTEREST RECEIVED FROM DEPOSITS IS CAPITAL RECEIPT UPTO COMPLETION OF PROJECT? 28
WHETHER RETENTION MONEY WILL BE TAXABLE IN YEAR IN WHICH OBLIGATION UNDER CONTRACT WERE FULFILLED? 29
Section 5: Scope of total income
WHETHER THERE IS ANY DIFFERENCE IN ASSESSMENT OR REASSESSMENT u/s 147 FOR ANY NEW CLAIM OF ASSESSEE? 30
WHETHER PROVIDING COMPUTER RESERVATION SYSTEM TO TRAVEL AGENCIES CONSTITUTE PERMANENT ESTABLISHMENT? 32
WHETHER THERE IS ACCRUAL OF INCOME IF THERE IS UNCERTAINTY IN RECOVERY OF INT. ON OVERDUE PAYMENTS 33
Section 6(1): Residence in India
WHERE ASSESSEE LEFT INDIA FOR BUSINESS, CAN BE CONSIDERED AS FOR EMPLOYMENT AS PER SECTION 6(1)? 34
Section 9: Income deemed to accrue or arise in India
WHETHER ROYALTY CAN BE TAXED ON ACCURAL BASIS WHEN DTAA SPEAKS ABOUT TAXABILITY ON RECEIPT BASIS? 36
WHETHER REIMBURSEMENT OF SALARY EXPENSE BY ASSOCIATED ENTERPRISES COMES UNDER DEFINITION OF FEES FOR TECHNICAL SERVICES? 37
WHETHER THERE IS A DIFFERENCE BETWEEN USE OF COPYRIGHTS RIGHTS AND COPYRIGHTED ARTICLES? 38
WHETHER RECEIPT OF INTERCONNECTION CHARGES CAN BE TAXED AS ROYALTY OR FEES FOR TECHNICAL SERVICES? 39
WHETHER MERE ACCESS TO LEGAL DATABASE WOULD FALL WITHIN DEFINITION OF FEES FOR TECHNICAL SERVICES? 40
WHETHER PROVIDING COMPUTER RESERVATION SYSTEM TO TRAVEL AGENCIES CONSTITUTE PERMANENT ESTABLISHMENT? 32
WHETHER AMOUNT RECEIVED FOR PROVIDING DATABASE WITHOUT GIVING OWNERSHIP IS ROYALTY U/S 9(1)(vi)? 42
WHETHER TDS IS TO DEDUCTED ON SALE OF SIM CARDS TO RETAILERS THROUGH DISTRIBUTORS? 43
WHETHER STANDARD FACILITY TO PUBLIC AT LARGE COMES IN DEFINITION OF TECHNICAL SERVICES U/S 9(1)(vii) 44
WHETHER CONSIDERATION RECEIVED FROM MINING OR LIKE PROJECTS COVERED UNDER FTS u/s 9(1)(vii)? 46
WHETHER COMMISSION AND SUBSCRIPTION EARNED BY N.R ASSESSEE COME IN THE NATURE OF ROYALTY OR FTS? 47
WHETHER SALE OF SOFTWARE TO INDIAN CUSTOMERS AND DISTRIBUTERS BY NON-RESIDENT COMPANY IS ROYALTY? 48
Section 10(1) | Section 10: Incomes not included in total income
WHETHER MERE INCREASING EXPENSES AND REDUCING AGRICULTURAL INCOME RESULT IN INCOME FROM OTHER SOURCE? 27
Section 10(6) | Section 10: Incomes not included in total income
CAN EXEMPTION u/s 10(6)(viii) BE CLAIMED THROUGH RECTIFICATION u/s 154 FOR SALARY ON A FOREIGN SHIP? 49
Section 10(10AA) | Section 10: Incomes not included in total income
IS DISTINCTION BETWEEN GOVT. EMPLOYEES vis-à-vis OTHERS A REASONABLE CLASSIFICATION UNDER ARTICLE 14 50
Section 10(23C) | Section 10: Incomes not included in total income
WHETHER SECTIONS 11 & 13 RELATING TO INTERESTED PERSON WILL BE APPLICABLE TO SECTION 10(23C)(iv)? 52
WHETHER REGISTRATION u/s 10(23C)(vi) MAY BE GRANTED WHEN ASSESSEE HAS MULTIPLE OBJECTS? 53
WHETHER REGISTRATION U/S 10(23C) CAN BE CANCELLED RETROSPECTIVELY? 54
WHETHER DECISION IN NEW NOBLE EDUCATIONAL SOCIETY IS PROSPECTIVE IN PRACTICAL SENSE? 55
WHETHER PROVIDING COPYRIGHT FOR PUBLISHING & EARNING ROYALTY COMES IN DEFINITION OF EDUCATION SOLELY 56
WHETHER PENALTY U/S 271B CAN BE LEVIED FOR NOT GETTING AUDITED U/S 12A(1)(b)? 57
WHETHER PROFIT OF 67.81% BEFORE DEPRECIATION & 44.48% AFTER DEP. IS A CRITERIA OF EDUCATION SOLELY? 58
WHETHER CONDITION OF APPLICATION FOR 85% IS APPLICABLE FOR CLAIMING EXEMPTION U/S 10(23C)(iiiad)? 60
WHETHER RECEIPTS FROM OTHER SOURCES TO BE CONSIDERED FOR CALCULATING LIMIT U/S 10(23C)(iiiad) 61
Section 10(26) | Section 10: Incomes not included in total income
WHETHER INDIVIDUAL PARTNERS AND PARTNERSHIP FIRM ARE SAME FOR CLAIMING EXEMPTION U/S 10(26)? 62
Section 10(34) | Section 10: Incomes not included in total income
WHETHER COMPLETE DEMAND CAN BE STAYED WHEN THE ASSESSMENT IS HIGH PITCHED? 63
Section 10(38) | Section 10: Incomes not included in total income
WHETHER NOT PROVIDING OPPORTUNITY OF CROSS EXAMINATION IS AGAINST PRINCIPLES OF NATURAL JUSTICE? 65
WHETHER ASSESSEE CAN BE INCRIMINATED ON BASIS OF GENERAL REPORT OR STATEMENTS RELIED UPON BY A.O.? 66
WHETHER LONG TERM LOSS OF LISTED SHARES CAN BE SET OFF AGAINST LONG TERM GAIN ON UNLISTED SHARES? 67
WHETHER FAILURE TO DISCLOSE LTCG ON SHARES EXEMPT U/S 10(38) IN RETURN IS PREJUDICIAL TO REVENUE? 68
WHETHER RIGHT OF CROSS EXAMINATION IS THE VITAL PART OF PRINCIPLES OF NATURAL JUSTICE IN INCOME TAX? 69
WHETHER ADDITION FOR PENNY STOCK CAN BE MADE WITHOUT ESTABLISHING ASSESSEE’S ROLE IN PRICE RIGGING? 70
WHETHER VOLUME OF TRANSACTIONS OR INTENTION OF ASSESSEE IS BASIS TO JUDGE NATURE OF INCOME? 71
WHETHER PRICE OF SHARE ON STOCK EXCHANGE COULD ALWAYS BE LINKED TO THE FINANCIAL STRENGTH OF COMPANY 72
Section 10A: Special provision in respect of newly established
undertakings in free trade zone, etc.
WHETHER EXEMPTION U/S 10B CAN BE CLAIMED IF WRONG FORM OF AUDIT REPORT IS FILED? 73
WHETHER COMMUNICATION CHARGES TO BE DEDUCTED BOTH FROM EXPORT & TOTAL TURNOVER FOR 10A DEDUCTION? 74
Section 10AA: Special provisions in respect of newly established Units in Special Economic Zones
CAN LEGITIMATE EXPECTATION OF PUBLIC CAN HINDER THE POWER OF LEGISLATURE TO ENACT A LAW? 75
Section 10B: Special provisions in respect of newly established hundred per cent export-oriented undertakings
WHETHER EXEMPTION U/S 10B CAN BE CLAIMED IF WRONG FORM OF AUDIT REPORT IS FILED? 73
Section 11: Income from property held for charitable or religious purposes
WHETHER SECTIONS 11 & 13 RELATING TO INTERESTED PERSON WILL BE APPLICABLE TO SECTION 10(23C)(iv)? 52
WHETHER BENEFIT OF SECTION 11 IS AVAILABLE FOR EARLIER YEARS IF 12A GRANTED BEFORE ORDER u/s 143(1)? 77
WHETHER EXEMPTION U/S 11(2) CAN BE DENIED ON GROUND THAT FORM 10-B IS FILED AFTER RETURN OF INCOME? 79
WHETHER EXEMPTION U/S 11 WILL BE ALLOWED IF FORM-10B IS FILED BEFORE INTIMATION U/S 143(1)? 80
WHETHER AMOUNT MENTIONED IN FORM 10 OR IN ACCOUNTS IS TO BE CONSIDERED FOR ACCUMULATION U/S 11(2)? 80
WHETHER SUPREME COURT RELAXATION REGARDING LIMITATION PERIOD IN COVID TO APPLY FOR ITR & FORMS? 82
WHETHER NATURE OF EXPENDITURE WOULD BE RELEVANT TO DETERMINE APPLICATION OF INCOME U/S 11? 82
WHETHER ALL EXPENSES TO BE DISALLOWED IF EXEMPTION U/S 11 IS DENIED? 84
WHETHER PROVISO TO SECTION 2(15) WILL BE APPLICABLE IF RECEIPTS ARE INCIDENTAL TO THE MAIN OBJECTS? 7
WHETHER CONDITION OF APPLICATION FOR 85% IS APPLICABLE FOR CLAIMING EXEMPTION U/S 10(23C)(iiiad)? 60
WHETHER ORGANISING DRAMA ON VARIOUS PERSONALITIES COMES IN THE DEFINITION OF EDUCATION? 8
WHETHER THERE IS BAR FOR APPLYING THE DOCTRINE OF LIFTING THE VEIL IN CASE OF TRUSTS? 85
EXEMPTION U/S 11 WILL BE AVAILABLE IF REGISTRATION U/S 12A IS THERE AT TIME OF RE-OPENING OF CASE? 86
Section 12A: Conditions for applicability of sections 11 and 12
WHETHER SECTIONS 11 & 13 RELATING TO INTERESTED PERSON WILL BE APPLICABLE TO SECTION 10(23C)(iv)? 52
WHETHER COMMISSIONER CAN CANCEL REGISTRATION u/s 12A BEFORE 01.06.2010 BY USING POWER u/s 12AA(3)? 87
WHETHER PENALTY U/S 271B CAN BE LEVIED FOR NOT GETTING AUDITED U/S 12A(1)(b)? 57
WHETHER EXEMPTION U/S 11 CAN BE DENIED FOR REASON REGISTRATION NUMBER NOT ISSUED EVEN IF APPLIED? 88
WHETHER CASE OF AN INSTITUTION CAN BE RE-OPENED U/S 148/147 FOR REASON OF NON-REGISTRATION U/S 12AA? 89
WHETHER CONDITION OF APPLICATION FOR 85% IS APPLICABLE FOR CLAIMING EXEMPTION U/S 10(23C)(iiiad)? 60
WHETHER RECTIFICATION U/S 154 STAND ON ITS OWN & IS AN INDEPENDENT PROCEEDING 90
WHETHER APPEAL FOR 12A REJECTION CAN BE FILED IF LATER ON 12A REGISTRATION GIVEN ON NEW APPLICATION? 91
EXEMPTION U/S 11 WILL BE AVAILABLE IF REGISTRATION U/S 12A IS THERE AT TIME OF RE-OPENING OF CASE? 86
Section 12AA: Procedure for registration
WHETHER BENEFIT OF SECTION 11 IS AVAILABLE FOR EARLIER YEARS IF 12A GRANTED BEFORE ORDER u/s 143(1)? 77
WHETHER COMMISSIONER CAN CANCEL REGISTRATION u/s 12A BEFORE 01.06.2010 BY USING POWER u/s 12AA(3)? 87
WHETHER CIT(E) CAN REVIEW ACTIVITIES OF THE TRUST FOR GIVING REGISTRATION U/S 12AA. 92
WHETHER EXEMPTION U/S 11 CAN BE DENIED FOR REASON REGISTRATION NUMBER NOT ISSUED EVEN IF APPLIED? 88
WHETHER CASE OF AN INSTITUTION CAN BE RE-OPENED U/S 148/147 FOR REASON OF NON-REGISTRATION U/S 12AA? 89
Section 12AB: Procedure for fresh registration
WHETHER VIOLATION IN ONE YEAR CAN JUSTIFY CANCELLATION OF REGISTRATION u/s 12A FOR OTHER YEARS? 95
Section 13: Section 11 not to apply in certain cases
WHETHER SECTIONS 11 & 13 RELATING TO INTERESTED PERSON WILL BE APPLICABLE TO SECTION 10(23C)(iv)? 52
WHETHER AMOUNT MENTIONED IN FORM 10 OR IN ACCOUNTS IS TO BE CONSIDERED FOR ACCUMULATION U/S 11(2)? 80
WHETHER CIT(E) CAN REVIEW ACTIVITIES OF THE TRUST FOR GIVING REGISTRATION U/S 12AA. 92
Section 14: Head of Income
WHETHER A.O. CAN CHANGE HEAD OF INCOME FROM BUSINESS TO INCOME FROM OTHER SOURCES? 96
Section 14A: Expenditure incurred in relation to
income not includible in total income
WHETHER VOLUME OF TRANSACTIONS OR INTENTION OF ASSESSEE IS BASIS TO JUDGE NATURE OF INCOME? 71
WHETHER A.O. CAN DIRECTLY JUMP TO SECTION 14A, RULE 8D WITHOUT REJECTING THE CLAIM OF ASSESSEE? 98
WHETHER ONLY INVESTMENT YIELDING INCOME CAN BE TAKEN INTO ACCOUNT FOR DISALLOWANCE U/S 14A? 99
WHETHER PENALTY IS LEVIABLE MERELY BASED ON CONFIRMATION OF ADDITION IN QUANTUM PROCEEDINGS? 100
WHERE INDIVIDUAL INGREDIENTS WHICH WERE MIXED COULD NOT BE RECOVERED THEN IT WILL BE MANUFACTURING 101
Section 17: “Salary”, “perquisite” and “profits in lieu of salary” defined
WHETHER TDS IS DEDUCTIBLE AT THE TIME OF OFFER OF ESOP OR ALLOTMENT OF ESOP? 102
Section 23: Annual value how determined
WHETHER RETURN ON COST OF PROPERTY CAN BE CONSIDERED FOR CALCULATING ANNUAL VALUE u/s 23(1)(a)? 103
Section 28: Profits and gains of business or profession
WHETHER NATURE OF LOAN AS TERM LOAN OR WORKING CAPITAL HAS ANY RELEVANCE FOR TAXABILITY U/S 28(IV)? 105
WHETHER NON COMPETE FEES IS A REVENUE EXPENDITURE OR CAPITAL EXPENDITURE ENTITLED FOR DEPRECIATION? 106
WHETHER AMOUNT OF DUTY ENTITLEMENT PASSBOOK SCHEME AND DUTY DRAWBACK SCHEME ELIGIBLE U/S 80-IB. 107
WHETHER ENTERTAINMENT TAX SUBSIDY IS A CAPITAL RECEIPT OR REVENUE RECEIPT? 108
Section 32: Depreciation
WHETHER PHRASE “USED FOR BUSINESS” IN SECTION 32 MEAN THAT USE SHOULD BE BY WAY OF GENERATING REVENUE? 109
WHETHER DEPARTMENT CAN TAKE BENEFIT OF IGNORANCE OF ASSESSEE DURING ASSESSMENT PROCEEDINGS? 110
WHETHER NON COMPETE FEES IS A REVENUE EXPENDITURE OR CAPITAL EXPENDITURE ENTITLED FOR DEPRECIATION? 106
WHETHER BOTTLES AND CRATES USED FOR MANUFACTURING & SELLING SOFT DRINKS CONSTITUTE PLANT? 111
WHETHER GOODWILL CREATED AS A RESULT OF AMALGAMATION IS ELIGIBLE FOR DEPRECIATION U/S 32? 112
WHETHER MEASURE TO CALCULATE SUBSIDY CAN DETERMINE THE PURPOSE FOR WHICH SUBSIDY IS GIVEN? 113
WHETHER EXPENDITURE IN OBTAINING GEOGRAPHICAL REPORT IN A COAL BUSINESS CAN BE TERMED AS PLANT? 114
WHETHER DEPRECIATION CAN BE DENIED FOR REASON THAT PAYMENT FOR PURCHASE OF ASSET HAS BEEN WITHHELD? 115
WHETHER DEPRECIATION CAN BE ALLOWED FROM INCOME FROM OTHER SOURCES? 116
WHETHER DEPOSIT OF AMOUNT IN BANK A/C ON ORDER OF COURT IS CONSTRUCTIVE PAYMENT U/S 43B? 117
WHETHER IS IT NECESSARY THAT TRADE MARK TO BE REGISTERED IN ASSESSEE NAME FOR CLAIMING DEPRECIATION? 118
WHETHER ASSESSMENT OF OTHER PERSON ON WHOM SEARCH IS NOT MADE CAN BE DONE U/S 153A? 119
Section 36: Other deductions
WHETHER DISALLOWANCE u/s 36(1)(iii) IS JUSTIFIED WHEN ASSESSEE HAS SUFFICIENT INTEREST FREE FUNDS? 121
WHETHER PAYMENT OF EVERY COMMISSION TO A DIRECTOR WILL BE COVERED BY DIVIDEND DISTRIBUTION TAX? 122
WHETHER DUE DATE U/S 36(1)(va) IS TO BE RECKONED FROM MONTH OF REMITTANCE OR ACCRUAL OF SALARY? 123
WHETHER AMENDMENT IN 36(1)(va) IN 2021 IS RETROSPECTIVE IS CONTROVERSIAL FOR APPLICABILITY OF 143(1) 124
WHETHER ASSESSEE CAN CLAIM BAD DEBT IN ASSESSMENT PROCEEDINGS NOT CLAIMED IN RETURN OF INCOME? 125
WHETHER DEPARTMENT CAN FILE RECTIFICATION AFTER S.C DECISION IN CHECK MATE SERVICES PRIVATE LIMITED? 126
ADDITION FOR DELAYED EMPLOYEES’ PROVIDENT FUND CONTRIBUTION DUE TO TECHNICAL GLITCHES UNJUSTIFIED 128
Section 37: General
WHETHER INTEREST ON DELAYED PAYMENT OF SALES TAX IS ALSO COVERED U/S 43B(a) DISALLOWANCE? 129
WHETHER COMMISSION PAID TO AGENTS FOR SECURING GOVERNMENT CONTRACTS IS ALLOWED U/S 37? 130
WHETHER CSR EXPENDITURE NOT UNDER OBLIGATION UNDER COMPANIES ACT IS ALLOWABLE U/S 37(1)? 132
WHETHER ADHOC ADDITION CAN BE MADE JUST BECAUSE SOME VOUCHERS ARE NOT SIGNED BY RECIPIENT? 132
WHETHER ADVANCE GIVEN BY DEVELOPER TO PURCHASE LAND CAN BE CLAIMED AS EXPENSE IF NOT RECOVERABLE? 133
WHETHER EMPLOYEES’ STOCK OPTION PLAN EXPENSE IS A REVENUE EXPENDITURE AND DEDUCTIBLE U/S 37(1)? 134
WHETHER INTEREST ALLOWED BY SINGLE JUDGE, STAYED BY DIVISION BENCH BE ALLOWED AS EXPENSE U/S 37(1)? 135
WHETHER COMPANY CAN CLAIM ESOP EXPENSES u/s 37? 136
DEDUCTION IN RESPECT OF DONATIONS TO CERTAIN FUNDS, CHARITABLE INSTITUTIONS, ETC. 137
WHETHER REFUND OF DUTY DRAWBACK OF CUSTOM WOULD BE TAXABLE AT TIME OF MAKING OF CLAIM OR SANCTION? 138
WHETHER PENALTY PAID DUE TO OMISSION IN VERIFICATION OF SUBSCRIBER DATA IS ALLOWED U/S 37(1)? 138
WHETHER EXPENDITURE ON DEVELOPING NEW PRODUCT ABANDONED AS NOT FEASIBLE IS REVENUE EXPENDITURE? 139
WHETHER ASSESSEE HAS ALSO TO CHALLENGE THE FINDINGS OF THE A.O THAT NOTICE HAS BEEN SERVED? 141
WHETHER AMOUNT PAID AS RATE DIFFERENCE AS PER GOVT PRICING AT YEAR END IS APPROPRIATION OF PROFITS? 142
WHETHER CONFISCATION OF SILVER SMUGGLED ILLEGALLY WILL BE ALLOWED AS DEDUCTION IN SILVER BUSINESS? 142
WHETHER EXPENDITURE IN OBTAINING GEOGRAPHICAL REPORT IN A COAL BUSINESS CAN BE TERMED AS PLANT? 114
WHETHER DEPRECIATION CAN BE DENIED FOR REASON THAT PAYMENT FOR PURCHASE OF ASSET HAS BEEN WITHHELD? 115
WHETHER FAILURE BY SUPPLIERS TO APPEAR IS ALONE SUFFICIENT TO DISCREDIT EXPENDITURE? 144
WHETHER ADDITION OF BOGUS PURCHASE IS JUSTIFIED IN CASE OF ONE TO ONE MAPPING OF PURCHASE & SALE? 145
Section 40(a): Amounts not to be deducted in computing
income chargeable under PGBP in case of any assessee
WHETHER DEVELOPMENT FOR COMPUTER SOFTWARE, WEB HOSTING SERVICES COME IN DEFINITION OF ROYALTY & FTS? 148
WHETHER TDS TO BE DEDUCTED ON COMMISSION PAID OUTSIDE INDIA WHEN AGENTS DO NOT HAVE PE IN INDIA? 149
WHETHER AMOUNT RETAINED BY BANKS AS SERVICE CHARGES FOR CREDIT CARD SWIPE IS LIABLE FOR TDS U/S 194H 150
WHETHER THERE IS TDS LIABILITY U/S 195 ON PAYMENTS WHICH ARE NOT CHARGABLE TO TAX IN INDIA? 151
Section 40(b): Amounts not to be deducted in computing
income chargeable under PGBP in case of firm
WHETHER ASSESSEE CAN CLAIM ENHANCED DEDUCTION U/S 40(b) IF SURVEY INCOME ADDED TO BUSINESS INCOME? 152
WHETHER INTEREST INCOME FORMS PART OF BUSINESS INCOME FOR ADMISSIBLE DEDUCTION U/S 40(B)(V)? 153
Section 40A(2): Expenditure in respect of which payment has been made to person referred to in clause (b)
WHETHER INCREASE IN DIRECTOR’S SALARY 15 TIMES WITHOUT MUCH INCREASE IN SALES ATTRACT 40A(2)(a)? 154
Section 40A(3): Disallowance of Cash Payments
WHETHER GENUINENESS OF EXPENSES CAN BE PLEA FOR NON-APPLICABILITY OF DISALLOWANCE U/S 40A(3). 156
Section 41: Profits chargeable to tax
WHETHER IT IS NECESSARY FOR A.O. TO CONFRONT ASSESSEE ABOUT NON-RECEIPT OF REPLIES U/S 133(6)? 157
WHETHER ADDITION U/S 41(1) CAN BE MADE IF PURCHASES FOUND GENUINE IN PREVIOUS A.Y. 158
WHETHER LIABILITY OUTSTANDING SINCE 30 YEARS CAN BE SOLE REASON TO MADE ADDITION U/S 41(1)? 159
Section 43(5): Speculative Transaction
WHETHER TRANSACTIONS TO HEDGE AGAINST POSSIBLE LOSS FROM FLUCTUATION ARE SPECULATIVE U/S 43(5)? 160
UNDER WHICH HEAD OF INCOME SECURITY DEPOSIT AGAINST PROPERTY LEASED IF FOFFEITED IS TAXABLE? 161
WHETHER LOSS FROM DERIVATIVES CAN BE SET OFF AGAINST REGULAR BUSINESS INCOME? 162
Section 43B: Certain deductions to be only on actual payment
WHETHER ELECTRICITY DUTY PAYABLE WHEN ADJUSTED WITH SOME AMOUNT RECEIVABLE WILL BE ALLOWED u/s 43B? 164
WHETHER INTEREST ON DELAYED PAYMENT OF SALES TAX IS ALSO COVERED U/S 43B(a) DISALLOWANCE? 129
WHETHER 43B IS ATTRACTED IF PAYMENT OF LIABILITY IS DISCHARGED WITHIN EXTENDED DUE DATE U/S 139(1)? 164
WHETHER NOT FOLLOWING THE CIRCULAR BY CIT(A) CAN BE HELD A CHALLENGE TO THE VIRES OF THE CIRCULAR? 166
WHETHER DEPARTMENT CAN FILE RECTIFICATION AFTER S.C DECISION IN CHECK MATE SERVICES PRIVATE LIMITED? 126
WHETHER PAYMENT OF INTEREST TO BANK THROUGH OVER DRAFT A/C OR CC A/C IS DISQUALIFIED FOR DEDUCTION 167
WHETHER DEPOSIT OF AMOUNT IN BANK A/C ON ORDER OF COURT IS CONSTRUCTIVE PAYMENT U/S 43B? 117
Section 44AB: Audit of accounts of certain persons
carrying on business or profession
WHETHER PENALTY FOR BOTH NON MAINTENANCE OF BOOKS AND FAILURE TO GET ACCOUNTS AUDITED CAN BE LEVIED 168
WHETHER CHANGE OF AUDITOR IS A REASONABLE CAUSE FOR DELAY IN FILLING TAX AUDIT REPORT? 169
WHETHER PENALTY U/S 271B CAN BE LEVIED FOR NOT GETTING AUDITED U/S 12A(1)(b)? 57
Section 44AD
WHETHER COMMISSIONER HAS POWER TO REVISE U/S 263 AN ISSUE WHICH IS SUBJECT MATTER OF AN APPEAL? 170
WHETHER 44AD CAN BE TAKEN FOR INCOME FROM TUTIONS & BEAUTY PARLOUR? 171
WHETHER ALL RECEIPTS ARE INCOME & ALL INCOME ARE TAXABLE FOR ISSUING NOTICE U/S 148? 172
Section 44BB: Special provision for computing profits and gains in
connection with the business of exploration, etc., of mineral oils
WHETHER CONSIDERATION RECEIVED FROM MINING OR LIKE PROJECTS COVERED UNDER FTS u/s 9(1)(vii)? 46
Section 44DA: Special provision for computing income by
way of royalties, etc., in case of non-residents
WHETHER CONSIDERATION RECEIVED FROM MINING OR LIKE PROJECTS COVERED UNDER FTS u/s 9(1)(vii)? 46
Section 45: Capital gains
WHETHER CAPITAL GAIN TAX IS TO BE PAID IN YEAR OF SALE OR AT TIME OF RECEIPT OF SALE CONSIDERATION? 173
IS THERE LIMIT TO REMAND BACK MATTER TO A.O FOR HIS REPEATED FAILURES TO FOLLOW DIRECTIONS OF COURT? 174
WHETHER AN AMOUNT RECEIVED ON ARBITRATION BY A PARTNER FROM A FIRM IS TAXABLE? 18
WHETHER REVENUE CAN LEVY TAX ON A RECEIPT IF ASSESSEE IN ADVERTENTLY OFFERS IT TO TAX? 175
WHETHER LAW CAN CONTEMPLATE OR REQUIRE THE PERFORMANCE OF AN IMPOSSIBLE ACT? 176
WHETHER POSSESSION GIVEN ONLY FOR PURPOSES OF DEVELOPMENT SUFFICIENT TO CONSIDER IT AS TRANSFER? 177
Section 47: Transactions not regarded as transfer
WHETHER A COMPANY CAN GIVE ITS PROPERTY TO ANOTHER COMPANY AS A GIFT AND WHETHER SECTION 50C WILL APPLY? 178
WHETHER REVENUE CAN LEVY TAX ON A RECEIPT IF ASSESSEE IN ADVERTENTLY OFFERS IT TO TAX? 175
Section 48: Mode of computation
WHETHER A.O. CAN REPLACE SALE CONSIDERATION OF SHARES WITH A VALUE BASED ON PROJECTIONS? 180
CAN ASSESSEE CLAIM INDEXED COST OF IMPROVEMENT FOR FIRST TIME IN REVISION APPLICATION U/S 264? 364
WHETHER STAMP DUTY VALUATION IS TO BE CONSIDERED FOR INVESTMENT FOR CLAIMING EXEMPTION U/S 54F 181
Section 50B: Special provision for computation of
capital gains in case of slump sale
WHETHER SALE OF INDIVIDUAL ASSETS CAN BE TERMED AS SLUMP SALE? 10
Section 50C: Special provision for full value of
consideration in certain cases
WHETHER PROVISIONS OF SECTION 50C ARE APPLICABLE WHEN PRICE OF LAND IS FIXED BY BANK & NOT ASSESSEE? 183
WHETHER 54B EXEMPTION WILL BE AVAILABLE TO ASSESSEE IF LAND IS PURCHASED IN NAME OF SON OF ASSESSEE? 184
WHETHER A COMPANY CAN GIVE ITS PROPERTY TO ANOTHER COMPANY AS A GIFT AND WHETHER SECTION 50C WILL APPLY? 178
WHETHER A.O. CAN ADOPT STAMP DUTY VALUE WITHOUT REFERRING TO DEPARTMENT VALUATION OFFICER? 185
WHETHER STAMP DUTY VALUATION IS TO BE CONSIDERED FOR INVESTMENT FOR CLAIMING EXEMPTION U/S 54F 181
WHETHER SECTION 50C IS APPLICABLE IN CASE OF COMPULSORY ACQUISITION OF LAND AND BUILDING? 185
WHETHER DVO SHOULD CONSIDER LATEST SALE INSTANCES FOR VALUING THE PROPERTY? 187
Section 50CA: Special provision for full value of consideration for transfer of share other than quoted share
WHETHER A.O. CAN REPLACE SALE CONSIDERATION OF SHARES WITH A VALUE BASED ON PROJECTIONS? 180
Section 54: Profit on sale of property used for residence
WHETHER DATE OF AGREEMENT TO SELL OR DATE OF POSSESSION IS TO BE CONSIDERED FOR SECTION 54 EXEMPTION 188
CAN EXEMPTION U/S 54 BE DENIED IF SUM IS NOT DEPOSITED IN CGAS BUT INVESTED IN SPECIFIED TIME? 189
EXEMPTION IN RESPECT OF TWO FLOORS CANNOT BE CLAIMED WITHOUT ESTABLISHING THAT FLOORS ARE DEPENDENT? 190
WHETHER ASSESSEE IS ENTITLED TO EXEMPTION U/S 54 ON THE ENTIRE BUILT UP AREA UNDER JDA? 190
Section 54B: Capital gain on transfer of land used for
agricultural purposes not to be charged in certain cases
WHETHER 54B EXEMPTION WILL BE AVAILABLE TO ASSESSEE IF LAND IS PURCHASED IN NAME OF SON OF ASSESSEE? 184
Section 54F: Capital gain on transfer of certain capital assets not to be charged in case of investment in residential house
WHETHER RELINQUISHMENT OF ASSESSEE’S SHARE IN FIRM IS A CAPITAL ASSET & ELIGIBLE FOR 54F EXEMPTION? 4
WHETHER STAMP DUTY VALUATION IS TO BE CONSIDERED FOR INVESTMENT FOR CLAIMING EXEMPTION U/S 54F 181
WHETHER DIRECTING A.O. TO VERIFY & ALLOW CLAIM TANTAMOUNT TO SETTING ASIDE OR REMANDING MATTER TO AO 192
WHETHER EXEMPTION HOUSE U/S 54F IS AVAILABLE IN CASE OF TRANSFER OF TENANCY RIGHTS? 192
Section 55: Meaning of “adjusted”, “cost of improvement” and
“cost of acquisition”
WHETHER AMOUNT PAID FOR PERSONAL DISPUTE OF SHAREHOLDERS CAN BE COST OF IMPROVEMENT? 193
WHETHER AO CAN TAKE COST OF ACQUISITION BY HIS OWN WITHOUT REFERRING TO DEPARTMENT VALUATION OFFICER 195
WHETHER COST OF A.C., MODULAR KITCHEN, LIFT, PUMP COME UNDER THE DEFINATION OF COST OF IMPROVEMENT? 196
Section 55A: Reference to Valuation Officer
WHETHER VALUATION CAN BE REFFERED TO DVO IF VALUE OF ASSET TAKEN BY ASSESSEE IS MORE THAN FMV? 197
WHETHER AO CAN TAKE COST OF ACQUISITION BY HIS OWN WITHOUT REFERRING TO DEPARTMENT VALUATION OFFICER 195
Section 56: Income from other sources
WHETHER PROVISIONS OF SECTION 56(2)(viib) ARE APPLICABLE TO A RIGHT ISSUE? 198
WHETHER AN AMOUNT RECEIVED ON ARBITRATION BY A PARTNER FROM A FIRM IS TAXABLE? 18
WHETHER SDV TO BE SEEN ON DATE OF AGREEMENT OR DATE OF REGISTRATION FOR THE PURPOSE OF 56(2)(vii)(b)? 199
WHETHER ANY RULE OR PROVISION WILL BE APPLICABLE AS FOR A.Y. OR AS ON DATE OF ASSESSMENT ORDER? 200
WHETHER PRINCIPLE OF MUTUALITY WILL APPLY TO INTEREST RECEIVED ON FIXED DEPOSITS BY CLUBS? 20
WHETHER SECTION 56(2)(viib) IS APPLICABLE TO SHARES ISSUED TO 100% HOLDING COMPANY? 201
WHETHER INTEREST ON COMPENSATION IN CASE OF REAL ESTATE BUSINESS IS TAXABLE U/H INCOME FROM BUSINESS 202
Section 57: Deductions
WHETHER INTEREST ON COMPENSATION IN CASE OF REAL ESTATE BUSINESS IS TAXABLE U/H INCOME FROM BUSINESS 202
Section 68: Cash credits
WHETHER CROSS EXAMINATION OF PARTIES CAN BE REQUESTED TO WHOM NOTICES u/s 133(6) ARE ISSUED? 203
WHETHER TRADE ADVANCES IN THE NATURE OF COMMERCIAL TRANSACTIONS CAN BE TAXED AS DEEMED DIVIDEND? 11
WHETHER ASSESSEE CAN BE INCRIMINATED ON BASIS OF GENERAL REPORT OR STATEMENTS RELIED UPON BY A.O.? 66
WHETHER A.O. IS DUTY BOUND TO COLLECT INFORMATION FROM HIS OWN RECORDS IF ASSESSEE IS UNRESPONSIVE? 204
WHETHER ADDITION U/S 68 CAN BE MADE IF SHARE APPLICATION MONEY ALREADY ADDED INTO INCOME OF INVESTOR 205
WHETHER THERE IS DIFFERENCE IN TRADE CREDITORS AND CASH CREDITORS IN RESPECT OF SECTION 68? 206
WHETHER HIGH CASH SALES IN DEMONETISATION WITHOUT ANY PATTERN CAN BE SOLE BASIS OF ADDITION U/S 68? 208
WHETHER ADDITIONS CAN BE MADE JUST ON BASIS OF STATEMENTS AND NON SERVICE OF 133(6) NOTICES? 209
WHETHER ADDITION FOR PENNY STOCK CAN BE MADE WITHOUT ESTABLISHING ASSESSEE’S ROLE IN PRICE RIGGING? 70
PRIOR TO 01.04.2013, PARTNERS’ CONTRIBUTION CANNOT BE ADDED U/S 68 IN THE HANDS OF FIRM? 210
WHETHER NOT FOLLOWING THE CIRCULAR BY CIT(A) CAN BE HELD A CHALLENGE TO THE VIRES OF THE CIRCULAR? 166
WHETHER NON-ATTENDANCE OF SUMMONS BY DIRECTORS BY ITSELF A GROUND TO DRAW ADVERSE INFERENCE? 211
WHETHER CASH SALES JUST BEFORE DEMONIZATION CAN BE TREATED AS UNEXPLAINED WITHOUT REJECTING BOOKS? 212
WHETHER ADDITION FOR LOANS TAKEN AND ADVANCES FROM SUCH LOANS BOTH BE DONE U/S 68 WITHOUT INQUERY? 213
WHETHER ADDITION U/S 68 MAY BE HELD VALID EVEN IF A.O. FAILED TO FOLLOW DIRECTIONS OF ITAT? 214
WHETHER SALE OF 98 LAKH BY JEWELLER TO 50 CUSTOMERS ON DEMONETISATION DAY IN 4 HOURS IS IMPROBABLE? 215
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
WHETHER ADDITIONS FOR PENNY STOCK JUSTIFIED IN ABSENCE OF ADVERSE FINDINGS FROM SEBI? 216
WHETHER COMMONALITY OF DIRECTORS AND AUDITORS OF INVESTORS BE THE BASIS OF SECTION 68 ADDITIONS? 217
WHETHER ADDITIONS U/S 68 IS JUSTIFIED SIMPLY BECAUSE SUBSCRIBERS DID NOT COMPLY WITH SUMMONS? 219
WHETHER INCOME OF ASSESSEE CAN BE OVER ASSESSED EVEN IF THERE IS MISTAKE OF ASSESSEE? 220
WHETHER SALES CAN BE REJECTED ON GROUND THAT BILLS DID NOT CONTAIN PARTICULARS OF CUSTOMERS? 221
WHETHER WHOLE AMOUNT OF ALLEGED BOGUS SALES CAN BE ADDED WITHOUT CHALLENGING THE PURCHASES? 222
WHETHER APPEAL BEFORE HIGH COURT CAN BE FILED BY DEPARTMENT IF TAX EFFECT IS BELOW ONE CRORE? 369
WHETHER ADDITIONS U/S 69C FOR UNEXPLAINED EXPENDITURE CAN BE DONE FOR REPAYMENT OF LOAN? 224
WHETHER ADDITION OF ENTIRE ON MONEY RECEIVED IN CONSTRUCTION BUSINESS IS JUSTIFIED? 225
WHETHER VAT AUTHORITIES ACCEPTING CASH SALES SUFFICIENT GROUND TO HOLD THAT CASH SALES ARE GENUINE? 272
Section 69: Unexplained investments
WHETHER EXCESS STOCK FOUND IN SURVEY WHICH IS RELATED TO BUSINESS CAN BE TAXED u/s 115BBE? 227
CAN PROVISIONS OF SECTION 69 CAN BE APPLIED MERELY BECAUSE CERTAIN EXPENDITURE HAD BEEN SURRENDERED? 228
WHETHER EVERY UNDISCLOSED INCOME EVEN IF SOURCE EXPLAINED IS TAXED AT SPECIAL REATES U/S 115BBE? 229
WHETHER RETRACTION OF STATEMENT WITHIN REASONABLE TIME CAN BE REJECTED BY A.O. WITHOUT REBUTTING IT? 230
WHETHER STATEMENTS WHICH ARE UNTESTED, UNPROVEN CAN BE RELIED FOR MAKING ADDITIONS? 231
WHETHER STATEMENT WITH SUBSEQUENT AFFIRMATION WITHOUT CORROBRATIVE EVIDENCE HAS ANY EVIDENTARY VALUE? 233
WHETHER LARGE INCREASE IN CASH DEPOSIT DURING DEMONETISATION CAN BE THE SOLE FACTOR OF ADDITION? 234
WHETHER ASSESSEE CAN SEEK REMAND IN ITAT AS A RIGHT WHEN HE HAD NOT PARTICIPATED IN PROCEEDINGS? 234
WHETHER A.O. CAN RECHARACTERIZE NATURE OF INCOME U/S 69A OFFERED BY ASSESSEE WITHOUT DISPUTING IT? 235
WHETHER UNRECORDED STOCK IN SURVEY CAN BE ADDED U/S 69B IF FOUND CONNECTED WITH BUSINESS OF ASSESSEE 236
CAN ADDITION FOR CASH DEPOSIT BE MADE SIMPLY BECAUSE OF REASON THAT CASH WITHDRAWAL NOT EXPLAINED? 238
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
WHETHER ADDITION U/S 69A CAN BE MADE ONLY ON PRETEXT THAT RECEIPT OF SBN WAS NOT LEGAL TENDER? 246
WHETHER ADDITION U/S 69A CAN BE DONE FOR ASSESSEE WHO IS NOT OWNER AND FOR ANY ARTICLE OF ANY VALUE? 247
WHETHER CONFISCATION OF SILVER SMUGGLED ILLEGALLY WILL BE ALLOWED AS DEDUCTION IN SILVER BUSINESS? 142
WHETHER DIRECTING A.O. TO VERIFY & ALLOW CLAIM TANTAMOUNT TO SETTING ASIDE OR REMANDING MATTER TO AO 192
WHETHER ADDITION BASED SOLELY ON STATEMENT LATER ON RETRACTED, WITHOUT ANYTHING MORE IS JUSTIFIED? 238
WHETHER PRESUMPTION U/S 132(4A) COULD BE EXTENDED TO MATERIAL FOUND AT SOMEBODY ELSE’S PLACE? 240
WHETHER 44AD CAN BE TAKEN FOR INCOME FROM TUTIONS & BEAUTY PARLOUR? 171
WHETHER CROSS EXAMINATION IS VITAL FOR MAKING ADDITION ON THE ALLEGATION OF BOGUS PURCHASE? 241
WHETHER ADDITIONS U/S 69C FOR UNEXPLAINED EXPENDITURE CAN BE DONE FOR REPAYMENT OF LOAN? 224
WHETHER CASH DEPOSITED OUT OF ADVANCE RECEIVED FOR SALE OF PROPERTY CAN BE ADDED U/S 69A? 242
WHETHER ASSESSMENT OF OTHER PERSON ON WHOM SEARCH IS NOT MADE CAN BE DONE U/S 153A? 119
WHETHER INFORMATION FROM INVESTIGATION WING & SOME STATEMENT SUFFICIENT TO TREAT PURCHASES BOGUS? 243
Section 69A: Unexplained money, etc.
WHETHER CASH DEPOSIT DURING DEMONETISATION CAN BE ADDED u/s 69A WITHOUT REJECTING BOOKS OF ACCOUNTS? 249
WHETHER STATEMENT WITH SUBSEQUENT AFFIRMATION WITHOUT CORROBRATIVE EVIDENCE HAS ANY EVIDENTARY VALUE? 233
WHETHER LARGE INCREASE IN CASH DEPOSIT DURING DEMONETISATION CAN BE THE SOLE FACTOR OF ADDITION? 234
WHETHER ASSESSEE CAN SEEK REMAND IN ITAT AS A RIGHT WHEN HE HAD NOT PARTICIPATED IN PROCEEDINGS? 234
WHETHER A.O. CAN RECHARACTERIZE NATURE OF INCOME U/S 69A OFFERED BY ASSESSEE WITHOUT DISPUTING IT? 235
CAN ADDITION FOR CASH DEPOSIT BE MADE SIMPLY BECAUSE OF REASON THAT CASH WITHDRAWAL NOT EXPLAINED? 238
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
WHETHER ADDITION U/S 69A CAN BE MADE ONLY ON PRETEXT THAT RECEIPT OF SBN WAS NOT LEGAL TENDER? 246
WHETHER ADDITION U/S 69A CAN BE DONE FOR ASSESSEE WHO IS NOT OWNER AND FOR ANY ARTICLE OF ANY VALUE? 247
WHETHER CONFISCATION OF SILVER SMUGGLED ILLEGALLY WILL BE ALLOWED AS DEDUCTION IN SILVER BUSINESS? 142
WHETHER 44AD CAN BE TAKEN FOR INCOME FROM TUTIONS & BEAUTY PARLOUR? 171
WHETHER CASH DEPOSITED OUT OF ADVANCE RECEIVED FOR SALE OF PROPERTY CAN BE ADDED U/S 69A? 242
WHETHER HIGH CASH SALES IN DEMONETISATION WITHOUT ANY PATTERN CAN BE SOLE BASIS OF ADDITION U/S 68? 208
CAN ADDITION BE MADE FOR CASH DEPOSIT IN DEMONETIZATION IF ASSESSEE IS NOT IN HABIT OF KEEPING CASH? 388
WHETHER CASH SALES JUST BEFORE DEMONIZATION CAN BE TREATED AS UNEXPLAINED WITHOUT REJECTING BOOKS? 212
WHETHER SALE OF 98 LAKH BY JEWELLER TO 50 CUSTOMERS ON DEMONETISATION DAY IN 4 HOURS IS IMPROBABLE? 215
Section 69B: Amount of investments, etc., not fully disclosed in books of account
CAN PROVISIONS OF SECTION 69 CAN BE APPLIED MERELY BECAUSE CERTAIN EXPENDITURE HAD BEEN SURRENDERED? 228
WHETHER EVERY UNDISCLOSED INCOME EVEN IF SOURCE EXPLAINED IS TAXED AT SPECIAL REATES U/S 115BBE? 229
WHETHER UNRECORDED STOCK IN SURVEY CAN BE ADDED U/S 69B IF FOUND CONNECTED WITH BUSINESS OF ASSESSEE 236
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
Section 69C: Unexplained expenditure, etc.
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
WHETHER CROSS EXAMINATION IS VITAL FOR MAKING ADDITION ON THE ALLEGATION OF BOGUS PURCHASE? 241
WHETHER ADDITIONS U/S 69C FOR UNEXPLAINED EXPENDITURE CAN BE DONE FOR REPAYMENT OF LOAN? 224
WHETHER INFORMATION FROM INVESTIGATION WING & SOME STATEMENT SUFFICIENT TO TREAT PURCHASES BOGUS? 243
WHETHER ADDITION FOR BOGUS PURCHASE CAN BE MADE WITHOUT POINTING MATERIAL ERRORS IN BOOKS? 251
WHETHER ADDITION OF BOGUS PURCHASE IS JUSTIFIED IN CASE OF ONE TO ONE MAPPING OF PURCHASE & SALE? 145
WHETHER DISALLOWANCE OF PURCHASES SOLELY ON 3RD PARTY INFORMATION WITHOUT FURTHER SCRUTINY IS VALID? 252
Section 69D: Amount borrowed or repaid on hundi
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
Section 70: Set off of loss from one source against income from another source under the same head of income
WHETHER LOSS FROM DERIVATIVES CAN BE SET OFF AGAINST REGULAR BUSINESS INCOME? 162
WHETHER LONG TERM LOSS OF SHARES CAN BE SET OFF AGAINST LONG TERM CAPITAL GAIN ON SALE OF LAND? 253
Section 73: Losses in speculation business
WHETHER LOSS FROM DERIVATIVES CAN BE SET OFF AGAINST REGULAR BUSINESS INCOME? 162
Section 80A: Deductions to be made in computing total income
WHETHER 80P DEDUCTION IS AVAILABLE FOR A.Y. 2009-10 IF RETURN NOT FILED WITHIN 30 DAYS OF 148 NOTICE? 254
Section 80AC: Deduction not to be allowed unless return furnished
WHETHER 80P DEDUCTION IS AVAILABLE FOR A.Y. 2009-10 IF RETURN NOT FILED WITHIN 30 DAYS OF 148 NOTICE? 254
WHETHER ASSESSEE CAN CLAIM A FRESH CLAIM IN RETURN U/S 153A IF ORIGINALLY NOT CLAIMED U/S 139(1)? 255
Section 80G: Deduction in respect of donations to certain funds,
charitable institutions, etc.
WHETHER TRIBUNAL CAN DIRECT COMMISSIONER(E) TO GRANT APPROVAL u/s 80G(5)? 256
DEDUCTION IN RESPECT OF DONATIONS TO CERTAIN FUNDS, CHARITABLE INSTITUTIONS, ETC. 137
CAN RENEWAL U/S 80G CAN BE DENIED FOR WRONG SELECTION OF CODE AT TIME OF PROVISIONAL REGISTRATION? 257
WHETHER ASSESSEE HAS ALSO TO CHALLENGE THE FINDINGS OF THE A.O THAT NOTICE HAS BEEN SERVED? 141
WHETHER 80G REGISTRATION SHOULD BE GIVEN ONLY ON BASIS OF 12AA REGISTRATION AVAILABLE WITH ASSESSEE? 258
Section 80-IA: Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc.
WHETHER COMMISSIONER CAN EXERCISE HIS POWER u/s 263 JUST BECAUSE HE HAS A DIFFERENT VIEW THAN AO? 260
CAN 80-IA DEDUCTION BE DENIED ON GROUND OF JUST EXPANSION OF BUSINESS BY ADDING A NEW CONSUMER BASE? 261
CAN DEDUCTION u/s 80-IA BE CLAIMED FOR ELECTRICITY PRODUCED FOR CAPTIVE CONSUMPTION AT MARKET RATES? 262
WHETHER ASSESSEE CAN CLAIM DEDUCTION U/S 264 WHICH IS NOT CLAIMED IN RETURN OF INCOME AND ASSESSMENT? 263
WHETHER ISSUE WHICH HAS NOT BEEN RAISED BEFORE CIT(A) OR TRIBUNAL CAN BE RAISED BEFORE HIGH COURT? 264
WHETHER MAT IS APPLICABLE TO ASSESSEE ENGAGED IN MAINTAINANCE AND DISTRIBUTION OF ELECTRICITY? 265
WHETHER A.O. CAN RE-DO ASSESSMENT U/S 147 ON THE BASIS OF SAME MATERIAL ON RECORD? 266
WHETHER ASSESSEE HAS OPTION TO CLAIM INITIAL ASSESSMENT YEAR FOR CLAIMING DEDUCTION U/S 80-IA? 267
WHETHER ASSESSEE CAN CLAIM A FRESH CLAIM IN RETURN U/S 153A IF ORIGINALLY NOT CLAIMED U/S 139(1)? 255
WHETHER RECTIFICATION U/S 154 STAND ON ITS OWN & IS AN INDEPENDENT PROCEEDING 90
Section 80-IB: Deduction in respect of profits and gains from certain industrial undertakings other than infrastructure development undertakings
WHETHER MAT IS APPLICABLE TO ASSESSEE ENGAGED IN MAINTAINANCE AND DISTRIBUTION OF ELECTRICITY? 265
WHETHER AMOUNT OF DUTY ENTITLEMENT PASSBOOK SCHEME AND DUTY DRAWBACK SCHEME ELIGIBLE U/S 80-IB. 107
WHERE INDIVIDUAL INGREDIENTS WHICH WERE MIXED COULD NOT BE RECOVERED THEN IT WILL BE MANUFACTURING 101
WHETHER ALLOCATION OF COMMON EXPENSES IS JUSTIFIED ON THE BASIS OF AREA OF CONSTRUCTION FOR 80IB DEDUCTION? 269
Section 80-IC: Special provisions in respect of certain undertakings or enterprises in certain special category States
WHETHER FACT THAT ASSESSEE WOULD HAVE TO PAY MORE TAX IF CONDONATION NOT ALLOWED IS GENUINE HARDSHIP 270
WHETHER DEDUCTION U/S 80-IC BE DENIED IN 263 PROCEEDING IF ALLOWED IN PRECEEDING & SUCCEEDING YEAR? 271
WHETHER VAT AUTHORITIES ACCEPTING CASH SALES SUFFICIENT GROUND TO HOLD THAT CASH SALES ARE GENUINE? 272
Section 80P: Deduction in respect of income of co-operative societies
WHETHER INTEREST EARNED ON INVESTMENT MADE IN COOPERATIVE BANKS ELIGIBLE FOR DEDUCTION U/S 80P(2)(D)? 273
WHETHER DEDUCTION u/s 80P(2)(a)(i) CAN BE DENIED SIMPLY BECAUSE ASSESSEE ADOPTED THE STATUS AS AOP? 23
WHETHER 80P DEDUCTION IS AVAILABLE FOR A.Y. 2009-10 IF RETURN NOT FILED WITHIN 30 DAYS OF 148 NOTICE? 254
WHETHER ASSESSMENT ORDER PASSED IN VIOLATION OF SC JUDGEMENT IS LIABLE TO BE QUASHED UNDER WRIT? 274
WHETHER A CO-OPERATION SOCIETY GIVING CREDIT TO ITS MEMBERS IS A BANK UNDER BANKING REGULATION ACT? 275
WHETHER DEDUCTION IS ALLOWED U/S 80P FOR INTEREST EARNED FROM INVESTMENTS WITH CO-OPERATIVE BANKS? 9
Section 90: Agreement with foreign countries or specified territories
WHETHER IMMEDIATE REPAYMENT OF FUNDS TO INVESTOR CAN BE A GROUND TO DOUBT GENUINENESS OF TRANSACTION? 276
WHETHER ASSESSING OFFICER CAN TRAVEL BEYOND THE DIRECTIONS OF DISPUTE RESOLUTION PANEL? 278
WHETHER PROVIDING CENTRALISED SERVICES IN THE NATURE OF ADVERTISING COMES IN THE DEFINITION OF FTS? 279
WHETHER AMOUNT RECEIVED FOR PROVIDING DATABASE WITHOUT GIVING OWNERSHIP IS ROYALTY U/S 9(1)(vi)? 42
WHETHER STANDARD FACILITY TO PUBLIC AT LARGE COMES IN DEFINITION OF TECHNICAL SERVICES U/S 9(1)(vii) 44
WHETHER COMMISSION AND SUBSCRIPTION EARNED BY N.R ASSESSEE COME IN THE NATURE OF ROYALTY OR FTS? 47
WHETHER A.O. CAN TRAVEL BEYOND THE DIRECTIONS OF TRIBUNAL IN REMAND BACK MATTER? 280
WHETHER CERTIFICATE ISSUED BY SINGAPORE TAX AUTHORITIES WOULD CONSTITUTE SUFFICIENT EVIDENCE? 281
WHETHER SECTION 206AA HAS THE OVERRIDING EFFECT OVER DOUBLE TAXATION AVOIDANCE AGREEMENT? 549
Section 92: Computation of income from international transaction having regard to arm’s length price
WHETHER RENDITION OF SERVICES ACCEPTED IN ONE YEAR CAN IPSO FACTO BE ACCEPTED IN ANOTHER YEAR? 282
Section 92B: Meaning of international transaction
WHETHER TRANSACTION OF CORPORATE GUARANTEE WITH ASSOCIATED ENTERPRISE IS INTERNATIONAL TRANSACTION? 283
Section 92C: Computation of arm’s length price
WHETHER RENDITION OF SERVICES ACCEPTED IN ONE YEAR CAN IPSO FACTO BE ACCEPTED IN ANOTHER YEAR? 282
CAN METHOD OF TRANSFER PRICING FOR ROYALTY & MANUFACTURING BE DIFFERENT IF BOTH ARE CONNECTED? 285
SOME BASIC PRINCIPLES FOR DETERMINATION OF SELECTION OF COMPARABLES IN TRANSFER PRICING? 286
WHETHER TP ADJUSTMENTS SHOULD BE PROPORTIONATE TO VALUE OF INTERNATIONAL OR TOTAL TRANSACTION? 287
WHETHER THERE IS ABSOLUTE PROPOSITION THAT DETERMINATION OF ALP IS NOT A SUBSTANTIAL QUESTION OF LAW 589
Section 92CA: Reference to Transfer Pricing Officer
WHETHER LEGAL GROUND CAN BE RAISED AND ADMITTED AT ANY LEVEL OF APPELLATE STAGE? 288
WHETHER TIME FOR PASSING T.P.O. ORDER IS TO BE TAKEN 2 MONTHS AS PER CIRCULAR OR 60 DAYS AS PER ACT? 289
WHETHER FINAL ASSESSMENT ORDER IS VALID IF IT IS BASED ON INVALID TP ORDER, DAO & DIRECTIONS OF DRP? 290
WHETHER NOTICE U/S 148 CAN BE ISSUED ON BASIS OF TPO REPORT OBTAINED WITHOUT ASSESSMENT PROCEEDINGS? 291
WHETHER EXTENDED PERIOD OF LIMITATION U/S 153 WILL BE AVAILABLE IF ORDER OF TPO IS TIME BARRED? 292
WHETHER 60 DAYS TO BE COUNTED PRIOR TO THE LAST DATE OF LIMITATION U/S 153 FOR DRAFT ORDER U/S 92CA? 293
Section 92D: Maintenance, keeping and furnishing of
information and document by certain persons
WHETHER 1ST YEAR OF PROVISION AND WRONG ADVICE CAN BE A REASONABLE CAUSE FOR NOT TO LEVY PENALTY? 295
Section 92E: Report from an accountant to be furnished by persons entering into international transaction or specified domestic transaction.
WHETHER 1ST YEAR OF PROVISION AND WRONG ADVICE CAN BE A REASONABLE CAUSE FOR NOT TO LEVY PENALTY? 295
Section 115BAB: Tax on income of new manufacturing domestic companies
WHETHER ORDER UNDER INCOME TAX SHOULD BE SIGNED BY SAME OFFICER WHO CONDUCTED PERSONAL HEARING? 296
Section 115BBE: Tax on income referred to in section 68 or section 69 or
section 69A or section 69B or section 69C or section 69D
WHETHER EXCESS STOCK FOUND IN SURVEY WHICH IS RELATED TO BUSINESS CAN BE TAXED u/s 115BBE? 227
WHETHER EVERY UNDISCLOSED INCOME EVEN IF SOURCE EXPLAINED IS TAXED AT SPECIAL REATES U/S 115BBE? 229
WHETHER STATEMENT WITH SUBSEQUENT AFFIRMATION WITHOUT CORROBRATIVE EVIDENCE HAS ANY EVIDENTARY VALUE? 233
WHETHER A.O. CAN RECHARACTERIZE NATURE OF INCOME U/S 69A OFFERED BY ASSESSEE WITHOUT DISPUTING IT? 235
WHETHER UNRECORDED STOCK IN SURVEY CAN BE ADDED U/S 69B IF FOUND CONNECTED WITH BUSINESS OF ASSESSEE 236
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
WHETHER CONFISCATION OF SILVER SMUGGLED ILLEGALLY WILL BE ALLOWED AS DEDUCTION IN SILVER BUSINESS? 142
Section 115JAA: Tax credit in respect of tax paid on deemed income relating to certain companies
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
Section 115JB: Special provision for payment of tax by certain companies
WHETHER MAT IS APPLICABLE TO ASSESSEE ENGAGED IN MAINTAINANCE AND DISTRIBUTION OF ELECTRICITY? 265
Section 115-O: Tax on distributed profits of domestic companies
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
Section 115P: Interest payable for non-payment of tax by domestic companies
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
Section 115Q: When company is deemed to be in default
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
Section 116: CBDT
WHETHER HIGH COURT CAN DIRECT CBDT TO MAKE CHANGES IN ITR FORM? 299
Section 119: Instructions to subordinate authorities
WHETHER ASSESSMENT ORDER WITHOUT DIN IS VALID IF DIN IS MENTIONED IN DEMAND NOTICE? 16
WHETHER THERE IS ANY TIME LIMIT FOR FILING COMPOUNDING APPLICATION FOR PROSECUTION u/s 279? 300
WHETHER FACT THAT ASSESSEE WOULD HAVE TO PAY MORE TAX IF CONDONATION NOT ALLOWED IS GENUINE HARDSHIP 270
WHETHER ORDER UNDER INCOME TAX SHOULD BE SIGNED BY SAME OFFICER WHO CONDUCTED PERSONAL HEARING? 296
WHETHER CASE SELECTED FOR SCRUTINY WITHOUT FOLLOWING SCRUTINY GUIDELINES IS VALID AS PER LAW? 301
WHETHER NOT FOLLOWING THE CBDT CIRCULAR MEANS THAT IT HAS BEEN CHALLENGED AS ULTRA VIRES? 302
WHETHER CONDONATION CAN BE DENIED IF ALLOWED EARLIER AND WITHDRAWN DUE TO LACK OF JURISDICTION? 303
WHETHER THERE IS PRESUMPTION THAT ASSESSEE DOES NOT STAND TO BENEFIT IN CONDONATION APPLICATIONS? 304
IT IS WELL SETTLED THAT, WITH THE EXPIRY OF LIMITATION, THE LAW BARS THE REMEDY 305
WHETHER ALL EXPENSES TO BE DISALLOWED IF EXEMPTION U/S 11 IS DENIED? 84
WHETHER IGNORANCE OF LAW IS AN EXCUSE FOR ALLOWING CONDONATION OF DELAY IN FILING RETURN OF INCOME? 306
Section 120: Jurisdiction of income-tax authorities
WHETHER NOTICE U/S 143(2) CAN BE ISSUED BY A.O. WHO DOES NOT HAVE JURISDICTION OVER ASSESSEE? 3
WHETHER A.O. CAN DO ASSESSMENT IN CASE OF INCOME OVER 15 LAKH INSPITE OF CBDT INSTRUCTIONS? 307
Section 124: Jurisdiction of Assessing Officers
WHETHER NOTICE U/S 143(2) CAN BE ISSUED BY A.O. WHO DOES NOT HAVE JURISDICTION OVER ASSESSEE? 3
WHETHER THERE IS ANY TIME LIMIT TO CHALLENGE THE JURISDICTION OF A.O? 309
WHETHER THERE IS ANY SPECIFIED TIME FOR RAISING QUESTION OF JURISDICTION FOR ISSUING NOTICE? 309
WHETHER A.O. CAN DO ASSESSMENT IN CASE OF INCOME OVER 15 LAKH INSPITE OF CBDT INSTRUCTIONS? 307
Section 127: Power to transfer cases
WHETHER DECENTRALIZATION OF CASES AND CONSEQUENT ASSESSMENT ORDERS ARE VALID WITHOUT 127 ORDER? 311
WHETHER COORDINATED INVESTIGATION PREVAIL OVER LOGISTICAL DIFFICULTIES FOR SECTION 127 TRANSFER? 312
WHETHER IT IS MANDATORY TO MENTION REASONS AND RELATIONSHIP WITH ASSESSEE IN TRANSFER ORDER U/S 127? 313
WHETHER NOTICE U/S 148 CAN BE ISSUED BY A.O. AFTER TRANSFER ORDER U/S 127(2)? 315
WHETHER TRANSFER ORDER U/S 127 AFFECT ANY FUNDAMENTAL OR LEGAL RIGHT OF AN ASSESSEE? 316
WHETHER ASSESSEE POSSESSES THE RIGHT TO BE ASSESSED IN A PARTICULAR TERRITORY 317
WHETHER APPEAL TO BE HEARD BY ITAT BENCH WITHIN WHOSE JURISDICTION A.O PASSED ASSESSMENT ORDER? 318
WHETHER IT IS THE DUTY OF THE A.O TRANSFERRING THE FILE TO INFORM ASSESSEE OF CHANGE IN JURISDICTION 319
Section 130: Faceless jurisdiction of income-tax authorities
WHETHER DATE OF UPLOAD OF DRP DIRECTIONS ON ITBA PORTAL BE TREATED AS DATE OF RECEPIT BY A.O.? #N/A
Section 131: Power regarding discovery, production of evidence, etc.
WHETHER NOTICE U/S 131(1A) CAN BE ISSUED AFTER SEARCH UNDER U/S 132? 322
WHETHER COORDINATED INVESTIGATION PREVAIL OVER LOGISTICAL DIFFICULTIES FOR SECTION 127 TRANSFER? 312
WHETHER RETRACTION OF STATEMENT WITHIN REASONABLE TIME CAN BE REJECTED BY A.O. WITHOUT REBUTTING IT? 230
WHETHER NON-ATTENDANCE OF SUMMONS BY DIRECTORS BY ITSELF A GROUND TO DRAW ADVERSE INFERENCE? 211
Section 132: Search and seizure
WHETHER NOTICE FOR ALL YEARS u/s 153C VALID IF SATISFACTION NOTE REFERS TO ONLY FOR ONE A.Y.? 324
WHETHER ASSESSEE HAS TO SUBSTANTIATE MANNER IN WHICH INCOME IS DERIVED TO AVOID PENALTY u/s 271AAA? 325
WHETHER SATISFACTION NOTE IS TO BE PREPARED BY BOTH AO OF SEARCHED ASSESSEE AND ASSESSEE IN QUESTION? 326
WHETHER NAME OF ASSESSEE APPEARING IN PANCHNAMA CAN BE TREATED AS SEARCH WARRANT? 327
WHETHER LIMITATION PERIOD FOR COMPLETING ASSESSMENT IS TO BE SEEN FROM DATE OF LAST PANCHNAMA? 328
WHETHER EVERY INCOME SURRENDERED DURING SEARCH IS UNDISCLOSED INCOME FOR PENALTY U/S 271AAB? 329
WHETHER NOTICE U/S 131(1A) CAN BE ISSUED AFTER SEARCH UNDER U/S 132? 322
WHETHER REQUISITIONING POWER U/S 132A CAN BE EXERCISED IF EXCISE OFFICER DEPOSITS CASH IN COURT? 330
WHETHER OPPORTUNITY TO CROSS EXAMINE THE WITNESS IS LEGAL RIGHT OF THE ASSESSEE? 332
WHETHER EVERY MATERIAL WHICH IS RELEVANT FOR ASSESSMENT CAN BE TERMED AS INCRIMINATING MATERIAL? 333
WHETHER STATEMENTS WHICH ARE UNTESTED, UNPROVEN CAN BE RELIED FOR MAKING ADDITIONS? 231
WHETHER ASSESSEE TO FILE APPLICATION U/S 132 FOR ADJUSTMENT OF CASH SEIZED AGAINST ITS TAX LIABILITY? 334
WHETHER SEARCH CAN BE NULLIFIED ON THE GROUND OF HARASSMENT IF CONDITIONS U/S 132 ARE MET? 335
WHETHER ASSESSMENT U/S 153C IS VALID IF SATISFACTION NOT RECORDED BY A.O OF SEARCHED PERSON? 336
WHETHER ADDITION BASED SOLELY ON STATEMENT LATER ON RETRACTED, WITHOUT ANYTHING MORE IS JUSTIFIED? 238
WHETHER DATE OF PANCHNAMA OR AUTHORIZATION IS CONSIDERED FOR LIMITATION OF ASSESSMENT UNDER SEARCH? 338
WHETHER RETENTION OF DOCUMENTS AFTER 30 DAYS OF ASSESSMENT U/S 153A IS ALLOWED U/S 132(8)? 339
WHETHER PRESUMPTION U/S 132(4A) COULD BE EXTENDED TO MATERIAL FOUND AT SOMEBODY ELSE’S PLACE? 240
Section 133(6) | Section 133: Power to call for information
WHETHER CROSS EXAMINATION OF PARTIES CAN BE REQUESTED TO WHOM NOTICES u/s 133(6) ARE ISSUED? 203
WHETHER VERIFICATION U/S 133(6) IN DISPUTE COULD BE A GOOD REASON FOR REJECTION OF SUNDRY CREDITORS? 340
Section 133A: Power of survey
CAN PROVISIONS OF SECTION 69 CAN BE APPLIED MERELY BECAUSE CERTAIN EXPENDITURE HAD BEEN SURRENDERED? 228
WHETHER RETRACTION OF STATEMENT WITHIN REASONABLE TIME CAN BE REJECTED BY A.O. WITHOUT REBUTTING IT? 230
WHETHER A STATEMENT RECORDED AT SURVEY U/S 133A HAS EVIDENTIARY VALUE? 341
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
Section 138: Disclosure of information respecting assessees
WHETHER INFORMATION RELATING TO THIRD PARTY CAN BE GIVEN UNDER RTI ACT, 2005 WITHOUT HIS PERMISSION? 342
Section 139(1): Return of income
WHETHER 43B IS ATTRACTED IF PAYMENT OF LIABILITY IS DISCHARGED WITHIN EXTENDED DUE DATE U/S 139(1)? 164
WHETHER PROSECUTION U/S 276CC CAN BE DONE IF RETURN FILED BELATED BUT BEFORE ISSUE OF ANY NOTICE? 344
WHETHER ALL EXPENSES TO BE DISALLOWED IF EXEMPTION U/S 11 IS DENIED? 84
WHETHER ASSESSEE CAN CLAIM A FRESH CLAIM IN RETURN U/S 153A IF ORIGINALLY NOT CLAIMED U/S 139(1)? 255
Section 139(4): Belated Return
WHETHER 43B IS ATTRACTED IF PAYMENT OF LIABILITY IS DISCHARGED WITHIN EXTENDED DUE DATE U/S 139(1)? 164
WHETHER FOREIGN TAX CREDIT ALLOWED IF RETURN FILED U/S 139(4) & FORM 67 FILED BEFORE END OF A.Y.? 677
WHETHER PROSECUTION U/S 276CC CAN BE DONE IF RETURN FILED BELATED BUT BEFORE ISSUE OF ANY NOTICE? 344
Section 139(5): Revised income tax return
WHETHER BELATED RETURN FILED U/S 139(4) CAN BE REVISED U/S 139(5)? 345
WHETHER CONDONATION CAN BE DENIED IF ALLOWED EARLIER AND WITHDRAWN DUE TO LACK OF JURISDICTION? 303
Section 139(9): Defective notice
WHETHER WITHOUT MENTIONING DEFECT, A.O. CAN TREAT A RETURN AS INVALID RETURN? 346
WHETHER CONDONATION CAN BE DENIED IF ALLOWED EARLIER AND WITHDRAWN DUE TO LACK OF JURISDICTION? 303
Section 142: Inquiry before assessment
WHETHER NOTICE U/S 148 CAN BE ISSUED WHEN TIME LIMIT FOR ISSUE OF NOTICE U/S 143(2) HAS NOT EXPIRED? 348
COMMISSIONER OR ASSESSING OFFICER, WHO CAN GIVE EXTENSION OF PERIOD FOR SPECIAL AUDIT U/S 142(2A)? 349
WHETHER TIME PERIOD FOR SECTION 142(1) NOTICES IS RELEVANT ACCORDING TO STANDARD OPERATING PROCEDURE? 350
WHETHER THERE IS ANY SPECIFIED TIME FOR RAISING QUESTION OF JURISDICTION FOR ISSUING NOTICE? 309
WHETHER NOTICE U/S 148 CAN BE ISSUED BEFORE EXPIRY OF PERIOD FOR ISSUING NOTICE U/S 143(3)? 351
Section 142A: Estimation of value of assets by Valuation Officer
WHETHER REFERENCE TO VALUATION OFFICER CAN BE MADE WITHOUT REJECTING BOOKS OF ACCOUNTS? 353
WHETHER REGISTRATION U/S 10(23C) CAN BE CANCELLED RETROSPECTIVELY? 54
WHETHER VALUATION AS PER REGISTERED VALUER CAN BE REJECTED IF SAME HAS BEEN ACCEPTED IN OTHER CASES? 354
WHETHER REASSESSMENT IN RESPECT OF A TRANSACTION WHICH IS SUBJECT MATTER OF APPEAL IS ALLOWED? 355
Section 143(1): Assessment
WHETHER AN INTIMATION u/s 143(1) IS AMENABLE TO REVISIONAL JURISDICTION U/S 264? 357
WHETHER INTEREST ON DELAYED PAYMENT OF SALES TAX IS ALSO COVERED U/S 43B(a) DISALLOWANCE? 129
WHETHER ANY INCOME OR ITEM REPORTED BY TAX AUDITOR IN TAX AUDIT REPORT IS ENTITLED FOR DISALLOWANCE? 358
WHETHER SUPREME COURT RELAXATION REGARDING LIMITATION PERIOD IN COVID TO APPLY FOR ITR & FORMS? 82
WHETHER 43B IS ATTRACTED IF PAYMENT OF LIABILITY IS DISCHARGED WITHIN EXTENDED DUE DATE U/S 139(1)? 164
WHETHER APPEAL AGAINST 143(1) ORDER CAN BE FILED U/S 246A IF CREDIT OF TDS DENIED IN 143(1) ORDER? 359
WHETHER AMENDMENT IN 36(1)(va) IN 2021 IS RETROSPECTIVE IS CONTROVERSIAL FOR APPLICABILITY OF 143(1) 124
Section 143(2): Notice of Scrutiny
WHETHER CIT(A) AFTER CALLING REMAND REPORT CAN REJECT APPEAL ON GROUND OF LIMITATION? 360
WHETHER NOTICE U/S 148 CAN BE ISSUED WHEN TIME LIMIT FOR ISSUE OF NOTICE U/S 143(2) HAS NOT EXPIRED? 348
WHETHER REQUIREMENT OF ISSUING NOTICE U/S 143(2) IS NOT THERE IF RETURN U/S 148 NOT FILED ON TIME? 360
WHETHER CONDITION FOR ISSUE OF NOTICE U/S 143(2) IS ALSO THERE FOR ASSESSMENT U/S 158BC? 361
WHETHER THERE IS ANY TIME LIMIT TO CHALLENGE THE JURISDICTION OF A.O? 309
WHETHER THERE IS ANY SPECIFIED TIME FOR RAISING QUESTION OF JURISDICTION FOR ISSUING NOTICE? 309
WHETHER ASSESSMENT ORDER PASSED IN THE NAME OF AMALGAMATED COMPANY IS NULL AND VOID ABINITIO? 362
Section 143(3): Assessment order
WHETHER ASSESSMENT ORDER WITHOUT DIN IS VALID IF DIN IS MENTIONED IN DEMAND NOTICE? 16
CAN ASSESSEE CLAIM INDEXED COST OF IMPROVEMENT FOR FIRST TIME IN REVISION APPLICATION U/S 264? 364
WHETHER PARTICIPATION OF ASSESSEE IN PROCEEDINGS CAN EXTEND LIMITATION PERIOD FOR PASSING ORDER? 365
WHETHER A.O. CAN CONDUCT INQUIRY ON A DIFFERENT ISSUE BEFORE CONVERSION INTO COMPLETE SCRUTINY? 366
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
WHETHER ASSESSMENT ORDER WITHOUT DIN IS NON-EST? 367
WHETHER COMMISSIONER CAN IMPOSE HIS UNDERSTANDING OF EXTENT OF ENQUIRY BY REVISION U/S 263? 368
WHETHER NCLT ORDER U/S IBC FOR MORATORIUM IS APPLICABLE TO INCOME-TAX PROCEEDINGS? 684
WHETHER APPEAL BEFORE HIGH COURT CAN BE FILED BY DEPARTMENT IF TAX EFFECT IS BELOW ONE CRORE? 369
WHETHER ADDITIONS U/S 69C FOR UNEXPLAINED EXPENDITURE CAN BE DONE FOR REPAYMENT OF LOAN? 224
Section 143(3A): Faceless assessment
WHETHER TRANSFER ORDER U/S 127 AFFECT ANY FUNDAMENTAL OR LEGAL RIGHT OF AN ASSESSEE? 316
Section 143(3B): Faceless assessment
WHETHER TRANSFER ORDER U/S 127 AFFECT ANY FUNDAMENTAL OR LEGAL RIGHT OF AN ASSESSEE? 316
Section 144: Best judgment assessment
WHETHER REFERENCE TO VALUATION OFFICER CAN BE MADE WITHOUT REJECTING BOOKS OF ACCOUNTS? 353
Section 144A: Power of Joint Commissioner to
issue directions in certain cases
WHETHER NOT PROVIDING CROSS EXAMINATION IS AGAINST PRINCIPLES OF NATURAL JUSTICE? 370
Section 144B: Faceless Assessment
WHETHER CROSS EXAMINATION OF PARTIES CAN BE REQUESTED TO WHOM NOTICES u/s 133(6) ARE ISSUED? 203
WHETHER TRANSFER OF CASE FROM FAO TO JAO GIVES EXTENDED PERIOD OF LIMITATION TO REVENUE? 372
WHETHER PROCEEDINGS UNDER INCOME TAX ACT ARE SUSTAINABLE IF NOTICES NOT SENT TO REGISTERED EMAIL? 373
WHETHER PROVIDING OPPORTUNITY OF PERSONAL HEARING IS MANDATORY EVEN IF NOT REQUESTED BY ASSESSEE? 374
WHETHER DATE OF UPLOAD OF DRP DIRECTIONS ON ITBA PORTAL BE TREATED AS DATE OF RECEPIT BY A.O? 320
WHETHER NON OBSERVANCE OF ISSUING DRAFT ASSESSMENT ORDER IS FATAL TO ASSESSMENT ANY MORE? 375
Section 144C: Reference to dispute resolution panel
WHETHER TRANSFER OF CASE FROM FAO TO JAO GIVES EXTENDED PERIOD OF LIMITATION TO REVENUE? 372
WHETHER ASSESSING OFFICER CAN TRAVEL BEYOND THE DIRECTIONS OF DISPUTE RESOLUTION PANEL? 278
WHETHER DATE OF UPLOADING OF DRP DIRECTIONS ON ITBA PORTAL WILL BE DEEMED AS DATE OF RECEIPT BY A.O. 377
WHEN A.O. CAN SEND FINAL ASSESSMENT ORDER AFTER ISSUING DEMAND NOTICE WITH DRAFT ASSESSMENT ORDER. 378
WHETHER A.O. CAN ISSUE DRAFT ASSESSMENT ORDER U/S 144C(1) FOR INCREASE IN RATE OF TAX? 379
WHETHER A.O. CAN PASS ANY ASSESSMENT ORDER BY VIOLATING DIRECTIONS OF DISPUTE RESOLUTION PANEL? 380
WHETHER TIME FOR PASSING T.P.O. ORDER IS TO BE TAKEN 2 MONTHS AS PER CIRCULAR OR 60 DAYS AS PER ACT? 289
WHETHER DATE OF UPLOAD OF DRP DIRECTIONS ON ITBA PORTAL BE TREATED AS DATE OF RECEPIT BY A.O? 320
WHETHER DRP CAN GIVE DIRECTIONS AFTER ASSESSMENT ORDER IS PASSED? 381
WHETHER TIME LIMIT IN SECTION 144C IN PURSUANCE OF DRP ORDER IS MANDATORY OR DIRECTORY? 382
WHETHER A.O. CAN PASS FINAL ASSESSMENT ORDER WITHOUT GIVING EFFECT OF DRP DIRECTIONS? 383
CAN ADDITION FOR CASH DEPOSIT BE MADE SIMPLY BECAUSE OF REASON THAT CASH WITHDRAWAL NOT EXPLAINED? 238
WHETHER FINAL ASSESSMENT ORDER IS VALID IF IT IS BASED ON INVALID TP ORDER, DAO & DIRECTIONS OF DRP? 290
WHETHER NOTICE U/S 148 CAN BE ISSUED ON BASIS OF TPO REPORT OBTAINED WITHOUT ASSESSMENT PROCEEDINGS? 291
WHETHER ASSESSMENT ORDER WITHOUT DIN IS NON-EST? 367
WHETHER EXTENDED PERIOD OF LIMITATION U/S 153 WILL BE AVAILABLE IF ORDER OF TPO IS TIME BARRED? 292
WHETHER ASSESSMENT ORDER PASSED AFTER ISSUE OF DEMAND NOTICE IS VALID? 384
WHETHER 60 DAYS TO BE COUNTED PRIOR TO THE LAST DATE OF LIMITATION U/S 153 FOR DRAFT ORDER U/S 92CA? 293
Section 145: Method of accounting
WHETHER ADDITION IN CLOSING STOCK IS JUSTIFIED IF METHOD ADOPTED IS FIFO CONSISTENTLY? 386
WHETHER REFERENCE TO VALUATION OFFICER CAN BE MADE WITHOUT REJECTING BOOKS OF ACCOUNTS? 353
WHETHER ASSESSEE IS REQUIRED TO MAINTAIN STOCK BOOK OF DIAMONDS PIECE WISE, CARAT WISE & GRADE WISE? 387
CAN ADDITION BE MADE FOR CASH DEPOSIT IN DEMONETIZATION IF ASSESSEE IS NOT IN HABIT OF KEEPING CASH? 388
WHETHER A.O. CAN REFER TO D.V.O. WITHOUT REJECTING BOOKS OF ACCOUNTS OF ASSESSEE? 389
WHETHER ADDITION ON ACCOUNT OF SALE PRICE IS JUSTIFIED WHERE QUANTITATIVE DETAILS NOT MAINTAINED? 390
WHETHER DEPARTMENT CAN CHANGE METHOD OF ACCOUNTING IF SAME METHOD ACCEPTED IN EARLIER YEARS? 391
WHETHER SEEKING REMAND REPORT BY CIT(A) ON ADDITIONAL EVIDENCE IS COMPULSORY IN INTEREST OF JUSTICE? 671
WHETHER PURCHASES ARE BOGUS OR NOT ON BASIS OF REPORT OF SALE TAX DEPARTMENT IS A QUESTION OF LAW? 392
WHETHER WHOLE AMOUNT OF ALLEGED BOGUS SALES CAN BE ADDED WITHOUT CHALLENGING THE PURCHASES? 222
Section 147: Income escaping assessment
WHETHER PROCEEDINGS UNDER INCOME TAX ACT ARE SUSTAINABLE IF NOTICES NOT SENT TO REGISTERED EMAIL? 373
WHETHER ASSESSMENT ORDER WITHOUT DIN IS NON-EST? 367
WHETHER NOTICE U/S 148 CAN BE ISSUED IF ASSESSMENT U/S 143(3) NOT COMPLETED DUE TO LIMITATION PERIOD? 393
WHETHER CROSS EXAMINATION IS VITAL FOR MAKING ADDITION ON THE ALLEGATION OF BOGUS PURCHASE? 241
Section 148: Issue of notice where income has escaped assessment
WHETHER NOTICE u/s 148 IS TO BE ISSUED BY JURISDICTIONAL A.O. WHO COMPLETED THE ASSESSMENT? 397
WHETHER THERE IS ANY DIFFERENCE IN ASSESSMENT OR REASSESSMENT u/s 147 FOR ANY NEW CLAIM OF ASSESSEE? 30
CAN ASSESSEE BE ALLEGED THAT HE DID NOT DISCLOSED INFORMATION WHEN NOT LEGALLY OBLIGED TO DO SO? 397
WHETHER NOTICE u/s 148 CAN BE QUASHED IF REASONS DO NOT MENTION WHETHER RETURN IS FILED OR NOT? 398
WHETHER PENNING DOWN THE EXPRESSION “YES” COULD BE CONSIDERED TO BE VALID APPROVAL FOR 148 NOTICE? 399
CAN REASSESSMENT BE CONTINUED IF GROUND ON WHICH REASSESSMENT WAS INITIATED WAS NO LONGER AVAILABLE? 400
WHETHER WRIT AGAINST NOTICE U/S 148 CAN BE ENTERTAINED WHEN TIME FOR APPEAL HAS EXPIRED? 402
WHETHER CIT(A) AFTER CALLING REMAND REPORT CAN REJECT APPEAL ON GROUND OF LIMITATION? 360
WHETHER REASSESSMENT IS PERMISSIBLE ON MERE CHANGE OF OPINION IN NEW PROCEDURE UNDER SECTION 148A? 402
WHETHER NOTICE U/S 148 DATED 31.03.2023 FOR A.Y. 13-14 DUE TO SEARCH IN JUNE 2022 IS VALID? 403
WHETHER REPORT THAT INVOICE PRICE IS LESS THAN INTERNATIONAL PRICE IS SUFFICIENT TO ISSUE 148 NOTICE 404
WHETHER NOTICE ISSUED u/s 148 WITHOUT MENTIONING IN REASONS, HOW INCOME ESCAPED ASSESSMENT IS VALID? 406
WHETHER NOTICE u/s 148 CAN BE ISSUED WITHOUT MENTIONING WHAT ASSESSEE FAILED TO DISCLOSE IN ORIGINAL ASSESSMENT? 407
WHETHER ASSESSMENT u/s 147 R.W.S 148 IS VALID WITHOUT VALID SERVICE OF NOTICE AT LATEST ADDRESS? 408
WHETHER REVENUE MAY USE NOTICE u/s 148 AND 153C INTERCHANGEABLY? 410
WHETHER TOLA CAN UNDERMINE THE PROVISIONS OF SECTION 151 FOR APPROVAL OF SPECIFIC AUTHORITY? 411
WHETHER APPROVAL u/s 151, ONLY WITH REMARK “YES, I AM SATISFIED” IS VALID FOR SECTION 148 NOTICE? 412
WHETHER NOTICE U/S 148 IS VALID IF REASONS ARE VAGUE AND CRYPTIC? 413
WHETHER NOTICE U/S 148 CAN BE ISSUED WHEN TIME LIMIT FOR ISSUE OF NOTICE U/S 143(2) HAS NOT EXPIRED? 348
WHETHER TIME LIMIT FOR NOTICE U/S 148 IS TO BE SEEN WITH BOTH 5TH AND 6TH PROVISO TO SECTION 149(1)? 414
WHETHER WITHOUT MENTIONING DEFECT, A.O. CAN TREAT A RETURN AS INVALID RETURN? 346
WHETHER CSR EXPENDITURE NOT UNDER OBLIGATION UNDER COMPANIES ACT IS ALLOWABLE U/S 37(1)? 132
WHETHER REQUIREMENT OF ISSUING NOTICE U/S 143(2) IS NOT THERE IF RETURN U/S 148 NOT FILED ON TIME? 360
CAN NOTICE U/S 148 BE ISSUED SOLELY ON THE BASIS OF AUDIT OBJECTION, WITHOUT APPLICATION OF MIND? 415
ONCE FACTUM OF AMALGAMATION INTIMATED, PARTICIPATION IN PROCEEDINGS WILL NOT JUSTIFY PROCEEDINGS? 416
WHETHER AUDIT OBJECTION WHICH IS INTERNAL CAN BE BASIS FOR ISSUING NOTICE U/S 148 UNDER NEW REGIME? 417
WHETHER INFORMATION FROM INSIGHT PORTAL IS SUFFICIENT TO REOPEN ASSESSMENT U/S 148? 418
WHETHER CASE CAN BE RE-OPENED U/S 148 ON THE BASIS OF ADVANCE RULING IN CASE OF OTHER ASSESSEE? 419
WHETHER ADDITION CAN BE MADE MERELY ON BASIS OF STATEMENT WITHOUT INCRIMINATING MATERIAL? 420
WHETHER NOTICE U/S 148 CAN BE ISSUED FOR YEAR FOR WHICH SETTLEMENT COMMISSION HAS PASSED THE ORDER? 421
WHETHER SHARING OF INFORMATION FROM INSIGHT PORTAL IS SUFFICIENT TO ISSUE NOTICE U/S 148? 422
WHETHER FRESH NOTICE U/S 148 CAN BE ISSUED WITHOUT CANCELLING THE FIRST NOTICE? 423
WHETHER WRIT CAN BE DISMISSED ONLY ON THE GROUND OF AVAILABILITY OF ALTERNATIVE REMEDY? 424
WHETHER NOTICE U/S 148 CAN BE ISSUED BY A.O. AFTER TRANSFER ORDER U/S 127(2)? 315
WHETHER A.O CAN ISSUE NOTICE U/S 148 JUST ON THE BASIS OF INFORMATION RECEIVED FROM VARIOUS SOURCES? 425
WHETHER ASSESSMENT IN THE NAME OF COMPANY IS VALID AFTER CONVERSION INTO LLP? 427
TOLA (2020) ONLY EXTENDS THE TIME LIMIT EXPIRING ON 31.03.2020 & DOES NOT AMENDS SECTION 151. 427
WHETHER NOTICE U/S 148 CAN BE ISSUED IN OLD PAN WHEN ASSESSEE HAS INITIMATED ITS SURRENDER? 428
WHETHER NOTICE U/S 148 CAN BE ISSUED ON BASIS OF TPO REPORT OBTAINED WITHOUT ASSESSMENT PROCEEDINGS? 291
FROM WHOM APPROVAL IS REQUIRED FOR 148A(d) ORDER IS TO BE SEEN AS ON DATE OF 148A(d) ORDER 429
WHETHER TOLA EXTENDING TIME LIMIT TO ISSUE NOTICE U/S 148 WOULD AMEND SECTION 151 PROVISION ALSO? 430
WHETHER THERE IS CHANGE OF OPINION OR ESCAPEMENT OF INCOME IS A QUESTION OF FACT ELIGIBLE FOR WRIT? 431
WHETHER A.O. CAN RE-DO ASSESSMENT U/S 147 ON THE BASIS OF SAME MATERIAL ON RECORD? 266
WHETHER REASSESSMENT IN RESPECT OF A TRANSACTION WHICH IS SUBJECT MATTER OF APPEAL IS ALLOWED? 355
WHETHER ADDITION CAN BE MADE ON THE BASIS OF DIARY WHOSE AUTHOR HAS DIED BEFORE SEARCH? 433
WHETHER NOTICE U/S 148 CAN BE ISSUED BEFORE EXPIRY OF PERIOD FOR ISSUING NOTICE U/S 143(3)? 351
WHETHER A.O. CAN LEVY PENALTY ON INCOME DECLARED IN RESPONSE TO NOTICE U/S 148? 433
WHETHER APPROVAL MENTIONING “YES I AM SATISFIED” IS VALID SANCTION U/S 151 FOR 148 NOTICE? 434
WHETHER PCIT CAN GIVE APPROVAL FOR 148 ON A MATTER FOR WHICH HE HIMSELF DROPPED REVISION U/S 263? 435
WHETHER NOTICE ISSUED NOT IN COMPLIANCE OF RULE 127 & SECTION 282 IS VALID? 672
WHETHER NOTICE IN ITBA PORTAL WOULD AMOUNT TO ISSUE OF NOTICE IN ABSENCE OF EMAIL TO ASSESSEE? 436
WHETHER CONDITION OF APPLICATION FOR 85% IS APPLICABLE FOR CLAIMING EXEMPTION U/S 10(23C)(iiiad)? 60
NOTICE U/S 148 ISSUED WITHOUT MENTIONING PAN WHERE ASSESSEE HAS ALREADY FILED RETURN IS INVALID? 437
WHETHER NOTICE U/S 148 CAN BE HELD INVALID SIMPLY BECAUSE SIGNATURE IS IN THE FORM OF CURVED LINE? 438
WHETHER MISTAKE IN NAME OF ASSESSEE WILL RENDER NOTICE INVALID? 439
WHETHER NOTICE ISSUED U/S 148 WITHOUT SIGNATURE WHETHER DIGITALLY OR MANUALLY IS A VALID NOTICE? 441
WHETHER ALL RECEIPTS ARE INCOME & ALL INCOME ARE TAXABLE FOR ISSUING NOTICE U/S 148? 172
WHETHER CROSS EXAMINATION IS A VITAL PART OF ASSESSMENT PROCEEDINGS & CAN LEAD TO ASSESSMENT QUASHED 442
WHETHER A.O. CAN DO ASSESSMENT IN CASE OF INCOME OVER 15 LAKH INSPITE OF CBDT INSTRUCTIONS? 307
WHETHER AO CAN TAKE COST OF ACQUISITION BY HIS OWN WITHOUT REFERRING TO DEPARTMENT VALUATION OFFICER 195
Section 148A: Conducting inquiry, providing opportunity
before issue of notice under section 148
WHETHER PENALTY u/s 271(1)(c) IS ATTRACTED WHERE ADDITION IS ON ESTIMATE BASIS FOR BOGUS PURCHASES? 464
WHETHER A.O. TO AT LEAST VERIFY BASIC DETAILS FROM ITBA PORTAL BEFORE ISSUE OF NOTICE U/S 148A(b)? 465
WHETHER HIGH COURT CAN EXAMINE RELEVANCY OF REASONS IN A WRIT PETITION U/S 148 NOTICE? 466
WHETHER PROCEEDINGS UNDER INCOME TAX ACT ARE SUSTAINABLE IF NOTICES NOT SENT TO REGISTERED EMAIL? 373
Whether NOTICES ISSUED u/s 148 FOR A.Y. 2013-14 & 2014-15 BETWEEN 01.04.2021 TO 30.06.2021 ARE VALID 468
WHETHER NOTICE U/S 148 DESERVES TO BE QUASHED IF AMOUNT ALLEGED IS DIFFERENT IN 148A(b) AND 148A(d)? 470
WHETHER CONDUCTING AN ENQUIRY BY A.O. IS COMPULSORY BEFORE ISSUE OF NOTICE U/S 148A(b). 471
WHETHER WRIT PETITIONS FILED BY ASSESSEE ARE HELPING THE ASSESSEE OR THE REVENUE? 472
WHETHER PROVIDING SOME INFORMATION FROM ASSESSEE’S RETURN IS SUFFICIENT TO ISSUE NOTICE U/S 148? 473
WHETHER IN EXPARTE PROCEEDINGS, REVENUE IS EXPECTED TO PASS SPEAKING ORDER? 474
WHETHER NOTICE U/S 148 CAN BE ISSUED FOR INVESTMENTS DONE FROM NRE ACCOUNTS BY NRI? 475
DATE OF ISSUE OF NOTICE & DATE OF SUBMISSION TO BE EXCLUDED FOR CLEAR 7 DAYS TIME IN 148A(b) NOTICE. 476
WHETHER NOTICE U/S 148 VALID JUST BECAUSE OF HUGE FDRs, IF ASSESSEE NOT REQUIRED TO FILE RETURN? 477
WHETHER ORDER U/S 148A(d) BASED ON FACTS NOT MENTIONED IN SHOW CAUSE NOTICE U/S 148A(b) IS VALID? 478
WHETHER EXTENDED TIME LIMIT U/S 149(1)(b) CAN BE USED ON THE BASIS OF SALES CONSIDERATION U/S 48? 479
WHETHER APPEAL CAN BE FILED AGAINST REMANDING BACK BY HIGH COURT TO A.O. FOR 148 MATTER? 480
WHETHER NOTICE U/S 148 DATED 31.07.2022 FOR A.Y. 13-14, ALLEGED ESCAPEMENT BEYOND 50 LAKHS IS VALID? 481
WHETHER PERMISSION OF PCCIT IS REQUIRED BEYOND 31.03.2022 FOR A.Y 18-19 FOR 148A(d) ORDER? 482
WHETHER PERSONAL HEARING AND CROSS EXAMINATION CAN BE AVAILED BY ASSESSEE BEFORE ORDER U/S 148A(d)? 483
WHETHER 148A(b) BEYOND 3 YEARS IS VALID IF WRONGLY ALLEGED THAT INCOME ESCAPING IS 50LAKH OR MORE? 484
WHETHER EVERY INFORMATION, HOWEVER TENUOUS WOULD SUFFICE TO SUGGEST ESCAPEMENT OF INCOME U/S 148? 485
WHETHER DEPARTMENT CAN SEEK INFORMATION FROM ASSESSEE U/S 148A(b) WHICH SHOULD BE DONE PRIOR TO THAT? 486
Section 149: Time limit for notices under sections 148 and 148A
WHETHER NOTICE U/S 148 DATED 31.03.2023 FOR A.Y. 13-14 DUE TO SEARCH IN JUNE 2022 IS VALID? 403
WHETHER TIME LIMIT FOR NOTICE U/S 148 IS TO BE SEEN WITH BOTH 5TH AND 6TH PROVISO TO SECTION 149(1)? 414
FROM WHOM APPROVAL IS REQUIRED FOR 148A(d) ORDER IS TO BE SEEN AS ON DATE OF 148A(d) ORDER 429
WHETHER EXTENDED TIME LIMIT U/S 149(1)(b) CAN BE USED ON THE BASIS OF SALES CONSIDERATION U/S 48? 479
WHETHER NOTICE U/S 148 DATED 31.07.2022 FOR A.Y. 13-14, ALLEGED ESCAPEMENT BEYOND 50 LAKHS IS VALID? 481
WHETHER NOTICE U/S 148 DATED 31.03.2021 RECEIVED BY ASSESSEE ON MAIL ON 06.04.2021 IS A VALID NOTICE 488
WHETHER NOTICE IN ITBA PORTAL WOULD AMOUNT TO ISSUE OF NOTICE IN ABSENCE OF EMAIL TO ASSESSEE? 436
WHETHER 148A(b) BEYOND 3 YEARS IS VALID IF WRONGLY ALLEGED THAT INCOME ESCAPING IS 50LAKH OR MORE? 484
Section 151: Sanction for issue of notice
WHETHER PENNING DOWN THE EXPRESSION “YES” COULD BE CONSIDERED TO BE VALID APPROVAL FOR 148 NOTICE? 399
WHETHER THERE IS ANY DIFFERENCE IN APPROVAL BY “YES I AM SATISFIED” AND “IT IS A FIT CASE FOR ISSUE OF NOTICE U/S 148”? 490
WHETHER NOTICE U/S 148 DESERVES TO BE QUASHED IF AMOUNT ALLEGED IS DIFFERENT IN 148A(b) AND 148A(d)? 470
WHETHER TOLA CAN UNDERMINE THE PROVISIONS OF SECTION 151 FOR APPROVAL OF SPECIFIC AUTHORITY? 411
WHETHER APPROVAL u/s 151, ONLY WITH REMARK “YES, I AM SATISFIED” IS VALID FOR SECTION 148 NOTICE? 412
WHETHER FRESH NOTICE U/S 148 CAN BE ISSUED WITHOUT CANCELLING THE FIRST NOTICE? 423
WHETHER WRIT CAN BE ENTERTAINED ON THE GROUND OF INADEQUATE SANCTION U/S 151 OR DIN? 491
TOLA (2020) ONLY EXTENDS THE TIME LIMIT EXPIRING ON 31.03.2020 & DOES NOT AMENDS SECTION 151. 427
FROM WHOM APPROVAL IS REQUIRED FOR 148A(d) ORDER IS TO BE SEEN AS ON DATE OF 148A(d) ORDER 429
WHETHER TOLA EXTENDING TIME LIMIT TO ISSUE NOTICE U/S 148 WOULD AMEND SECTION 151 PROVISION ALSO? 430
WHETHER PERMISSION OF PCCIT IS REQUIRED BEYOND 31.03.2022 FOR A.Y 18-19 FOR 148A(d) ORDER? 482
WHETHER APPROVAL MENTIONING “YES I AM SATISFIED” IS VALID SANCTION U/S 151 FOR 148 NOTICE? 434
WHETHER NOTICE IN ITBA PORTAL WOULD AMOUNT TO ISSUE OF NOTICE IN ABSENCE OF EMAIL TO ASSESSEE? 436
NOTICE U/S 148 ISSUED WITHOUT MENTIONING PAN WHERE ASSESSEE HAS ALREADY FILED RETURN IS INVALID? 437
Section 153: Time limit for completion of assessment,
reassessment and recomputation
WHETHER LEGAL GROUND CAN BE RAISED AND ADMITTED AT ANY LEVEL OF APPELLATE STAGE? 288
CAN ASSESSEE ASK FOR REFUND WHEN A.O. FAILED TO PASS ORDER WITHIN LIMITATION PERIOD ON REMAND? 492
WHETHER A.O. CAN ISSUE DRAFT ASSESSMENT ORDER U/S 144C(1) FOR INCREASE IN RATE OF TAX? 379
WHETHER TIME FOR PASSING T.P.O. ORDER IS TO BE TAKEN 2 MONTHS AS PER CIRCULAR OR 60 DAYS AS PER ACT? 289
WHETHER WRIT CAN BE FILED AGAINST NOTICE WHERE LIMITATION PERIOD IS ALREADY EXPIRED? 493
WHETHER PARTICIPATION OF ASSESSEE IN PROCEEDINGS CAN EXTEND LIMITATION PERIOD FOR PASSING ORDER? 365
WHETHER EXTENDED PERIOD OF LIMITATION U/S 153 WILL BE AVAILABLE IF ORDER OF TPO IS TIME BARRED? 292
WHETHER REASSESSMENT IN RESPECT OF A TRANSACTION WHICH IS SUBJECT MATTER OF APPEAL IS ALLOWED? 355
WHETHER 60 DAYS TO BE COUNTED PRIOR TO THE LAST DATE OF LIMITATION U/S 153 FOR DRAFT ORDER U/S 92CA? 293
Section 153A: Assessment in case of search or requisition
WHETHER SINGLE APPROVAL u/s 153D FOR MULTIPLE YEARS IS AS PER MANDATE OF LAW AND VALID? 494
CAN ORDER u/s 153A BE REVISED u/s 263 WITHOUT REVISING APPROVAL u/s 153D BY JOINT COMMISSIONER? 495
WHETHER NAME OF ASSESSEE APPEARING IN PANCHNAMA CAN BE TREATED AS SEARCH WARRANT? 327
WHETHER LIMITATION PERIOD FOR COMPLETING ASSESSMENT IS TO BE SEEN FROM DATE OF LAST PANCHNAMA? 328
WHETHER NOTICE U/S 148 DATED 31.03.2023 FOR A.Y. 403
13-14 DUE TO SEARCH IN JUNE 2022 IS VALID?
WHETHER A DOCUMENT IS INCRIMINATING OR NOT IS A QUESTION OF FACT OR SUBSTANTIAL QUESTION OF LAW? 496
WHETHER ASSESSMENT ORDER IN THE NAME OF STRIKE OFF COMPANY IS VALID IN THE EYES OF LAW? 497
WHETHER OPPORTUNITY TO CROSS EXAMINE THE WITNESS IS LEGAL RIGHT OF THE ASSESSEE? 332
WHETHER EVERY MATERIAL WHICH IS RELEVANT FOR ASSESSMENT CAN BE TERMED AS INCRIMINATING MATERIAL? 333
CAN SEARCH PARTY I.E. REVENUE CAN BRING DOCUMENTS WITH THEM AND CONFRONT THE ASSESSEE IN HIS SEARCH? 498
WHETHER ASSESSMENT U/S 153A CAN BE DONE ON BASIS OF DOCUMENTS SEIZED IN SEARCH OF ANOTHER ASSESSEE? 499
WHETHER ISSUANCE OF NOTICE U/S 153C IS AUTOMATIC LIKE IN CASE OF SECTION 153A DUE TO SEARCH? 500
WHETHER AMENDMENT IN SECTION 153C REGARDING BELONG TO OR PERTAIN TO IS RETROSPECTIVE? 502
FROM WHICH DATE PERIOD OF SIX YEARS COMMENCES IN RESPECT OF SECTION 153C ASSESSEE? 503
WHETHER ASSESSMENT U/S 153C IS VALID IF SATISFACTION NOT RECORDED BY A.O OF SEARCHED PERSON? 336
WHETHER ADDITIONS CAN BE DONE FOR COMPLETED ASSESSMENTS WITHOUT INCRIMINATING MATERIAL? 504
WHETHER ASSESSEE CAN CLAIM A FRESH CLAIM IN RETURN U/S 153A IF ORIGINALLY NOT CLAIMED U/S 139(1)? 255
WHETHER PRESUMPTION U/S 132(4A) COULD BE EXTENDED TO MATERIAL FOUND AT SOMEBODY ELSE’S PLACE? 240
WHETHER NCLT ORDER U/S IBC FOR MORATORIUM IS APPLICABLE TO INCOME-TAX PROCEEDINGS? 684
WHETHER ASSESSMENT OF OTHER PERSON ON WHOM SEARCH IS NOT MADE CAN BE DONE U/S 153A? 119
WHETHER APPROVAL IN 123 ASSESSEES IN A SINGLE DAY JUSTIFIED IN CASE OF ASSESSMENT IN SEARCH CASES? 505
Section 153B: Time limit for completion of assessment under section 153A
COMMISSIONER OR ASSESSING OFFICER, WHO CAN GIVE EXTENSION OF PERIOD FOR SPECIAL AUDIT U/S 142(2A)? 349
Section 153C: Assessment of income of any other person
WHETHER NOTICE FOR ALL YEARS u/s 153C VALID IF SATISFACTION NOTE REFERS TO ONLY FOR ONE A.Y? #N/A
WHETHER SATISFACTION NOTE IS TO BE PREPARED BY BOTH AO OF SEARCHED ASSESSEE AND ASSESSEE IN QUESTION? 326
WHAT WILL BE DATE OF SEARCH FOR NON-SEARCHED PERSON FOR COMPUTING PERIOD OF LIMITATION? 507
WHETHER NAME OF ASSESSEE APPEARING IN PANCHNAMA CAN BE TREATED AS SEARCH WARRANT? 327
WHETHER NOTICE U/S 148 DATED 31.03.2023 FOR A.Y. 13-14 DUE TO SEARCH IN JUNE 2022 IS VALID? 403
CAN SATISFACTION NOTE BE REJECTED ONLY ON GROUND THAT IT IS WORD TO WORD SAME OF BOTH A.O.? 508
WHETHER ASSESSMENT ORDER IN THE NAME OF STRIKE OFF COMPANY IS VALID IN THE EYES OF LAW? 497
WHETHER REVENUE MAY USE NOTICE u/s 148 AND 153C INTERCHANGEABLY? 410
WHETHER DATE OF SATISFACTION NOTE CAN BE TAKEN AS DATE OF HANDING OVER OF MATERIAL U/S 153C? 509
CAN SEARCH PARTY I.E. REVENUE CAN BRING DOCUMENTS WITH THEM AND CONFRONT THE ASSESSEE IN HIS SEARCH? 498
WHETHER ASSESSMENT U/S 153A CAN BE DONE ON BASIS OF DOCUMENTS SEIZED IN SEARCH OF ANOTHER ASSESSEE? 499
WHETHER ISSUANCE OF NOTICE U/S 153C IS AUTOMATIC LIKE IN CASE OF SECTION 153A DUE TO SEARCH? 500
WHETHER AMENDMENT IN SECTION 153C REGARDING BELONG TO OR PERTAIN TO IS RETROSPECTIVE? 502
WHETHER WRIT CAN BE ENTERTAINED AGAINST NOTICE U/S 153C IF ORDER PASSED DURING PENDENCY OF WRIT? 510
WHETHER ASSESSMENT IN THE NAME OF COMPANY IS VALID AFTER CONVERSION INTO LLP? 427
FROM WHICH DATE PERIOD OF SIX YEARS COMMENCES IN RESPECT OF SECTION 153C ASSESSEE? 503
WHETHER ASSESSMENT U/S 153C IS VALID IF SATISFACTION NOT RECORDED BY A.O OF SEARCHED PERSON? 336
WHETHER ADDITION CAN BE MADE ON THE BASIS OF DIARY WHOSE AUTHOR HAS DIED BEFORE SEARCH? 433
WHETHER AMENDENT IN SECTION 153C WHICH CHANGES THE WORD ‘BELONG’ TO ‘PERTAIN’ IS RETROSPECTIVE? 511
WHETHER 6 YEARS TO BE RECKONED FROM DATE OF RECEIPT OF SEIZED MATERIAL OF OTHER PERSON U/S 153C? 513
WHETHER PRESUMPTION U/S 132(4A) COULD BE EXTENDED TO MATERIAL FOUND AT SOMEBODY ELSE’S PLACE? 240
WHETHER ASSESSMENT OF OTHER PERSON ON WHOM SEARCH IS NOT MADE CAN BE DONE U/S 153A? 119
Section 153D: Prior approval necessary for assessment in cases of
search or requisition
WHETHER SINGLE APPROVAL u/s 153D FOR MULTIPLE YEARS IS AS PER MANDATE OF LAW AND VALID? 494
CAN ORDER u/s 153A BE REVISED u/s 263 WITHOUT REVISING APPROVAL u/s 153D BY JOINT COMMISSIONER? 495
WHETHER APPROVAL GIVEN AT DIFFERENT FIGURE THAN ASSESSED INCOME IS VALID APPROVAL u/s 153D? 514
WHETHER ASSESSMENT CAN BE QUASHED FOR WANT OF PROPER APPROVAL U/S 153D? 514
WHETHER APPROVAL IN 123 ASSESSEES IN A SINGLE DAY JUSTIFIED IN CASE OF ASSESSMENT IN SEARCH CASES? 505
Section 154: Rectification of mistake
CAN ASSESSEE CLAIM INDEXED COST OF IMPROVEMENT FOR FIRST TIME IN REVISION APPLICATION U/S 264? 364
WHETHER FACT THAT ASSESSEE WOULD HAVE TO PAY MORE TAX IF CONDONATION NOT ALLOWED IS GENUINE HARDSHIP 270
CAN EXEMPTION u/s 10(6)(viii) BE CLAIMED THROUGH RECTIFICATION u/s 154 FOR SALARY ON A FOREIGN SHIP? 49
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
WHETHER AGRICULTURE INCOME IS TO BE EXCLUDED FROM THE BOOK PROFITS FOR THE PURPOSE OF COMPUTING MAT? 516
WHETHER CASH BELONGS TO ASSESSEE OR NOT CAN BE DETERMINED U/S 154 PROCEEDINGS? 516
WHETHER ORDER CAN BE RECTIFIED U/S 154 WHERE THE ISSUE REQUIRED THE INVESTIGATION OF FACTS? 517
WHETHER RECTIFICATION U/S 154 CAN BE ALLOWED ON THE BASIS OF JUDGEMENT OF HIGH COURT? 518
HOW LIMITATION FOR 154 IS TO BE RECKONED WHEN SUBJECT MATTER WAS NOT PART OF APPELLATE PROCEEDINGS? 519
WHETHER RECTIFICATION U/S 154 STAND ON ITS OWN & IS AN INDEPENDENT PROCEEDING 90
Section 156: Notice of demand
WHETHER ASSESSMENT ORDER WITHOUT DIN IS VALID IF DIN IS MENTIONED IN DEMAND NOTICE? 16
WHEN A.O. CAN SEND FINAL ASSESSMENT ORDER AFTER ISSUING DEMAND NOTICE WITH DRAFT ASSESSMENT ORDER. 378
WHETHER ASSESSMENT ORDER PASSED AFTER ISSUE OF DEMAND NOTICE IS VALID? 384
Section 158BC: Procedure for block assessment
WHETHER CONDITION FOR ISSUE OF NOTICE U/S 143(2) IS ALSO THERE FOR ASSESSMENT U/S 158BC? 361
WHETHER DATE OF PANCHNAMA OR AUTHORIZATION IS CONSIDERED FOR LIMITATION OF ASSESSMENT UNDER SEARCH? 338
Section 158BE: Time limit for completion of block assessment
WHETHER DATE OF PANCHNAMA OR AUTHORIZATION IS CONSIDERED FOR LIMITATION OF ASSESSMENT UNDER SEARCH? 338
Section 159: Legal representatives
WHETHER IT IS LEGAL OBLIGATION OF LEGAL HEIR TO INTIMATE THE DEATH OF ASSESSEE TO DEPARTMENT? 520
Section 170: Succession to business otherwise than on death
WHETHER ASSESSMENT IN THE NAME OF COMPANY IS VALID AFTER CONVERSION INTO LLP? 427
Section 179: Liability of directors of private company
RECOVERY PROCEEDINGS AGAINST DIRECTORS NOT TO BE INITIATED CASUALLY OR MECHANICALLY 522
WHETHER ATTENDING SOME BOARD MEETINGS BY DIRECTOR MAKE HIM LIABLE FOR TAXES DUE ON COMPANY U/S 179? 523
WHETHER ACTION U/S 179 AFTER 8 YEARS CAN BE VITIATED ON THE TOUCHSTONE OF PROCEDURAL FAIRNESS? 524
WHETHER ISSUE OF RECOVERY NOTICE AGAINST COMPANY IS SUFFICIENT TO INVOKE SEC. 179 AGAINST DIRECTORS? 525
Section 191: Direct payment
WHETHER THERE IS LIABILITY TO DEDUCT TDS U/S 195 IF AMOUNT CANNOT BE TAXED IN HANDS OF PAYEE? 527
Section 194: Dividends
WHETHER TDS NOT DEPOSITED BY DEDUCTOR CAN BE RECOVERED FROM DEDUCTEE? 528
Section 194A: Interest other than “Interest on securities”
WHETHER TDS IS TO BE DEDUCTED ON INTEREST ON COMPENSATION AWARDED BY MOTOR ACCIDENT CLAIMS TRIBUNAL? 529
WHETHER TDS IS TO DEDUCTED ON INTEREST ON COMPENSATION AWARDED BY MOTOR ACCIDENTS CLAIM TRIBUNAL? 530
Section 194C: Payments to contractors
WHETHER PAYMENT OF STORAGE CHARGES IN TANKS IS LIABLE TO TDS u/s 194I OR 194C? 531
WHETHER ASSESSEE WHO IS TECHNOLOGY SERVICE PROVIDER IN CAB HAILING MARKET IS REQUIRED TO DEDUCT TDS? 532
WHETHER TDS PROVISION U/S 194C ARE APPLICABLE ON PAYMENT OF EXTERNAL DEVELOPMENT CHARGES? 533
WHETHER COMMISSIONER CAN IMPOSE HIS UNDERSTANDING OF EXTENT OF ENQUIRY BY REVISION U/S 263? 368
Section 194H: Commission or brokerage
WHETHER PAYMENT BY TELEVISION CHANNELS TO ADVERTISING AGENCY IS COMMISSION LIABLE FOR TDS U/S 194H? 534
WHETHER AMOUNT RETAINED BY BANKS AS SERVICE CHARGES FOR CREDIT CARD SWIPE IS LIABLE FOR TDS U/S 194H 150
WHETHER PENALTY PAID DUE TO OMISSION IN VERIFICATION OF SUBSCRIBER DATA IS ALLOWED U/S 37(1)? 138
Section 194-I: Rent
WHETHER PAYMENT OF STORAGE CHARGES IN TANKS IS LIABLE TO TDS u/s 194I OR 194C? 531
Section 194-IA: Payment on transfer of certain immovable
property other than agricultural land
WHAT ARE THE CONSEQUENCES OF NOT PAYING TDS FOR PROPERTY TRANSACTIONS u/s 194-IA? 536
Section 194J: Fees for professional or technical services
WHETHER TDS IS TO BE DEDUCTED U/S 194J ON PAYMENT OF INTERCONNECT USER CHARGES TO TELECOM COMPANIES 537
WHETHER COMMISSIONER CAN IMPOSE HIS UNDERSTAN-DING OF EXTENT OF ENQUIRY BY REVISION U/S 263? 368
Section 195: Other sums
WHETHER REIMBURSEMENT OF SALARY EXPENSE BY ASSOCIATED ENTERPRISES COMES UNDER DEFINITION OF FEES FOR TECHNICAL SERVICES? 37
WHETHER THERE IS LIABILITY TO DEDUCT TDS U/S 195 IF AMOUNT CANNOT BE TAXED IN HANDS OF PAYEE? 527
WHETHER DEVELOPMENT FOR COMPUTER SOFTWARE, WEB HOSTING SERVICES COME IN DEFINITION OF ROYALTY & FTS? 148
WHETHER THERE IS TDS LIABILITY U/S 195 ON PAYMENTS WHICH ARE NOT CHARGABLE TO TAX IN INDIA? 151
WHETHER INTEREST CAN BE COLLECTED FROM DEDUCTOR U/S 201(1A) IF DEDUCTEE IS ASSESSED FOR LOSS? 538
WHETHER TAXABILITY OF PAYEE IN FUTURE CAN DETERMINE WHETHER PAYER IS ASSESSEE IN DEFAULT FOR TDS? 538
WHETHER THERE IS TIME LIMIT FOR PASSING ORDER FOR DEFAULT IN TDS U/S 201 539
Section 197: Certificate for deduction at lower rate
CAN APPLICATION OF NIL TDS MAY BE REJECTED MERELY ON BASIS OF DRAFT ASSESSMENT ORDER FOR OTHER A.Y? 540
Section 199: Credit for tax deducted
WHETHER TAX CAN BE RECOVERED FROM EMPLOYEE IF EMPLOYER FAILS TO PAY TDS? 542
Section 200A: Processing of statements of tax deducted at source
WHETHER LATE FEES u/s 234E MAY BE LEVIED FOR THE PERIOD BETWEEN 01.07.2012 TO 01.06.2015? 543
Section 201: Consequences of failure to deduct or pay
WHETHER TDS IS DEDUCTIBLE AT THE TIME OF OFFER OF ESOP OR ALLOTMENT OF ESOP? 102
WHETHER THERE IS LIABILITY TO DEDUCT TDS U/S 195 IF AMOUNT CANNOT BE TAXED IN HANDS OF PAYEE? 527
WHAT ARE THE CONSEQUENCES OF NOT PAYING TDS FOR PROPERTY TRANSACTIONS u/s 194-IA? 536
WHETHER REVENUE CAN DEMAND REMAND OF CASE TO CORRECT THE BASIS OF CHARGE AGAINST THE ASSESSEE? 544
WHETHER ASSESSEE WHO IS TECHNOLOGY SERVICE PROVIDER IN CAB HAILING MARKET IS REQUIRED TO DEDUCT TDS? 532
WHETHER INTEREST CAN BE COLLECTED FROM DEDUCTOR U/S 201(1A) IF DEDUCTEE IS ASSESSED FOR LOSS? 538
WHETHER LIMITATION U/S 201 FOR PASSING ORDERS WILL APPLY TO PAYMENTS TO NON-RESIDENTS ALSO? 545
WHETHER PENALTY CAN BE LEVIED FOR NON-PAYMENT OR DELAYED PAYMENT OF TDS IF IT HAS BEEN DEDUCTED? 547
WHETHER THERE IS TIME LIMIT FOR PASSING ORDER FOR DEFAULT IN TDS U/S 201 539
Section 205: Bar against direct demand on assessee
WHETHER TAX CAN BE RECOVERED FROM EMPLOYEE IF EMPLOYER FAILS TO PAY TDS? 542
WHETHER ASSESSEE CAN BE DENIED TDS CREDIT IF TDS NOT DEPOSITED BY DEDUCTOR? 548
WHETHER TDS NOT DEPOSITED BY DEDUCTOR CAN BE RECOVERED FROM DEDUCTEE? 528
Section 206AA: Requirement to furnish Permanent Account Number
WHETHER SECTION 206AA HAS THE OVERRIDING EFFECT OVER DOUBLE TAXATION AVOIDANCE AGREEMENT? 549
Section 206C: Profits and gains from the business of trading in alcoholic liquor, forest produce, scrap, etc.
WHETHER EMPTY LIQUOR BOTTLES COME UNDER DEFINITION OF SCRAP U/S 206C? 550
Section 220: When tax payable and when assessee deemed in default
RECOVERY PROCEEDINGS AGAINST DIRECTORS NOT TO BE INITIATED CASUALLY OR MECHANICALLY 522
WHETHER HIGH COURT MAY GRANT COMPLETE STAY IF APPEAL NOT DECIDED AND STAY REJECTED? 552
WHETHER INTEREST U/S 220(2) CAN BE WAIVED BY PCCIT IF CONDITIONS ARE MET? 553
WHETHER THERE IS AUTOMATIC STAY OF RECOVERY PROCEEDINGS UNTIL DISPOSAL OF STAY APPLICATION BY A.O.? 554
Section 226: Other modes of recovery
WHETHER THE RIGHT OF SECURED CREDITOR CREATED BEFORE NOTICE OF ITD PREVAIL OVER INCOME TAX DEMAND? 555
WHETHER THERE IS AUTOMATIC STAY OF RECOVERY PROCEEDINGS UNTIL DISPOSAL OF STAY APPLICATION BY A.O.? 554
Section 234B: Interest for defaults in payment of advance tax
CAN INTEREST BE WAIVED WHEN SUBSTANTIAL TIME IS LOST IN LITIGATION AT DIFFERENT APPELLATE FORUMS? 556
WHETHER SOLE SELLING AGENT ALWAYS MEAN DEPENDENT AGENT PERMANENT ESTABLISHMENT OF ASSESSEE? 557
WHETHER ADVANCE TAX PAID FOR SUBSEQUENT YEAR CAN BE CONSIDERED IN CALCULATING INTEREST U/S 234B? 558
Section 234E: Fee for default in furnishing statements
WHETHER LATE FEES u/s 234E MAY BE LEVIED FOR THE PERIOD BETWEEN 01.07.2012 TO 01.06.2015? 543
Section 237: Refunds
WHETHER ASSESSEE IS ENTITLED TO INTEREST ON REFUND u/s 244A IN CASE OF DTVSV SCHEME 2020? 559
WHETHER IGNORANCE OF LAW IS AN EXCUSE FOR ALLOWING CONDONATION OF DELAY IN FILING RETURN OF INCOME? 306
WHETHER TDS NOT DEPOSITED BY DEDUCTOR CAN BE RECOVERED FROM DEDUCTEE? 528
Section 244A: Interest on refunds
WHETHER ASSESSEE MAY ASK HIGHER RATE OF INTEREST ON REFUNDS THAN MENTIONED IN SECTION 244A? 560
WHETHER ASSESSEE IS ENTITLED TO INTEREST ON REFUND u/s 244A IN CASE OF DTVSV SCHEME 2020? 559
WHETHER INTEREST IS PAYABLE U/S 244A ON REFUND DUE TO EXCESS SELF-ASSESSMENT TAX PAID? 561
Section 245C: Application for settlement of cases
WHETHER ASSESSEE CAN FILE APPLICATION U/S 245C BETWEEN 01.02.2021 TO 31.03.2021 BEFORE SETTLEMENT COMMISSION 563
Section 245D: Procedure on receipt of an application under section 245C
WHETHER NOTICE U/S 148 CAN BE ISSUED FOR YEAR FOR WHICH SETTLEMENT COMMISSION HAS PASSED THE ORDER? 421
Section 245R: Procedure on receipt of application
WHETHER CASE CAN BE RE-OPENED U/S 148 ON THE BASIS OF ADVANCE RULING IN CASE OF OTHER ASSESSEE? 419
Section 245S: Applicability of advance ruling
WHETHER CASE CAN BE RE-OPENED U/S 148 ON THE BASIS OF ADVANCE RULING IN CASE OF OTHER ASSESSEE? 419
Section 246A: Appealable orders before Commissioner (Appeals)
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
WHETHER APPEAL AGAINST 143(1) ORDER CAN BE FILED U/S 246A IF CREDIT OF TDS DENIED IN 143(1) ORDER? 359
CAN CASH SEIZED DURING ELECTION FOR WHICH ASSESSMENT COMPLETED & ADDITION MADE BE CLAIMED IN WRIT? 564
WHETHER THERE IS AUTOMATIC STAY OF RECOVERY PROCEEDINGS UNTIL DISPOSAL OF STAY APPLICATION BY A.O.? 554
Section 248: Appeal by a person denying liability to deduct tax in certain cases
CAN REFUND BE GIVEN TO ASSESSEE PAYING INCOME WHO HAS BORNE TDS IF PAYEE IS NOT LIABLE TO TAX? 565
Section 249: Form of appeal and limitation
CAN CIT(A) REJECT APPEAL FOR NON-PAYMENT OF TAX ON REGULAR ASSESSMENT CREATED THROUGH SECTION 156 NOTICE 567
Section 250: Procedure in appeal
WHETHER CIT(A) IS BOUND TO PASS ORDER AS PER EVIDENCE AVAILABLE & NOT TO DISMISS APPEAL IN LIMINE? 568
WHETHER ALL APPEALS RELATED TO SAME ASSESSEE OUT OF COMMON ORDER SHOULD BE ALLOTTED TO SAME CIT(A)? 572
WHETHER A.O. IS DUTY BOUND TO COLLECT INFORMATION FROM HIS OWN RECORDS IF ASSESSEE IS UNRESPONSIVE? 204
WHETHER CIT(A) AFTER CALLING REMAND REPORT CAN REJECT APPEAL ON GROUND OF LIMITATION? 360
CAN CIT(A) DISMISS AN APPEAL FOR NON PROSECUTION, WITHOUT DISCUSSING THE MERITS OF THE CASE? 569
WHETHER ASSESSEE CAN TAKE PLEA OF NOT ARGUING HIS MATTER PROPERLY BEFORE A.O. FOR RESTORING MATTER? 570
WHETHER DELAY OF 9 YEARS CAN BE ALLOWED FOR FILLING APPEAL? 571
WHAT ARE THE BASIC PRINCIPLES OF CONDONATION FOR FILING LATE APPEALS? 573
WHETHER DEPARTMENT CAN SEEK DELAY OF 498 DAYS IN A CASUAL MANNER BEFORE HIGH COURT? 587
WHETHER DELAY OF 1526 DAYS IN APPEAL MAY BE CONDONED ON GROUND OF WRONG ADVICE OF PROFESSIONAL 599
WHETHER DELAY IN FILING APPEALS BY DEPARTMENT MAY BE CONDONED DUE TO PROCEDURAL CONSTRAINTS? 678
Section 251: Powers of the Commissioner (Appeals)
WHETHER CIT(A) AFTER CALLING REMAND REPORT CAN REJECT APPEAL ON GROUND OF LIMITATION? 360
WHETHER CIT(A) HAS POWER BEYOND THE SUBJECT MATTER OF ASSESSMENT AND ASSESS NEW SOURCE OF INCOME? 574
WHETHER CIT(A) HAS THE POWER OF REMANDING MATTER TO A.O. FOR FRESH CONSIDERATION? 575
WHETHER DIRECTING A.O. TO VERIFY & ALLOW CLAIM TANTAMOUNT TO SETTING ASIDE OR REMANDING MATTER TO AO 192
Section 252: Appellate Tribunal
WHETHER APPEAL TO BE HEARD BY ITAT BENCH WITHIN WHOSE JURISDICTION A.O PASSED ASSESSMENT ORDER? 318
Section 253: Appeals to the Appellate Tribunal
WHETHER EXCESS FEES PAID FOR FILING APPEALS TO ITAT IS TO BE REFUNDED TO ASSESSEE? 577
WHETHER INCOME OF ASSESSEE CAN BE OVER ASSESSED EVEN IF THERE IS MISTAKE OF ASSESSEE? 220
WHETHER OFFICE MEMORANDUM CARVING OUT EXCEPTIONS TO THE LIMITS FOR APPEALS HAVE RETROSPECTIVE EFFECT 577
Section 254: Orders of Appellate Tribunal
WHETHER MONETARY LIMITS FOR NOT FILING APPEALS HAVE VERY LIMITED SCOPE? 579
WHETHER M.A. BY REVENUE CAN BE ALLOWED BY RELYING SC JUDGE IN THE CASE OF CHECKMATE SERVICES P. LTD? 580
WHETHER TIME FOR PASSING T.P.O. ORDER IS TO BE TAKEN 2 MONTHS AS PER CIRCULAR OR 60 DAYS AS PER ACT? 289
WHETHER DEDUCTION U/S 80-IC BE DENIED IN 263 PROCEEDING IF ALLOWED IN PRECEEDING & SUCCEEDING YEAR? 271
CAN EXEMPTION u/s 10(6)(viii) BE CLAIMED THROUGH RECTIFICATION u/s 154 FOR SALARY ON A FOREIGN SHIP? 49
WHETHER NOT FOLLOWING THE CIRCULAR BY CIT(A) CAN BE HELD A CHALLENGE TO THE VIRES OF THE CIRCULAR? 166
WHETHER ITAT SHOULD SET ASIDE EX-PARTE ORDER EVEN AFTER SIX MONTHS AS PER RULE 24 OF ITAT RULES? 581
WHETHER ADDITIONAL GROUND CAN BE TAKEN IF S.C. DECISION WAS NOT AVAILABLE EARLIER? 582
WHETHER TRIBUNAL CAN REMAND MATTER IN ENTIRETY WHERE DEPARTMENT DID NOT FILE CROSS APPEALS? 583
WHETHER EXTENDED PERIOD OF LIMITATION U/S 153 WILL BE AVAILABLE IF ORDER OF TPO IS TIME BARRED? 292
WHETHER DEPARTMENT CAN FILE RECTIFICATION AFTER S.C DECISION IN CHECK MATE SERVICES PRIVATE LIMITED? 126
WHETHER ASSESSEE CAN CLAIM NEW CLAIM BEFORE CIT(A) FIRST TIME WITHOUT REVISING RETURN OF INCOME? 584
WHETHER FAILURE TO ADJUDICATE LEGAL GROUND IS MISTAKE APPARENT FROM RECORD FOR MA TO BE FILED? 585
WHETHER NOTICE U/S 148 CAN BE HELD INVALID SIMPLY BECAUSE SIGNATURE IS IN THE FORM OF CURVED LINE? 438
Section 255: Procedure of Appellate Tribunal
WHETHER APPEAL TO BE HEARD BY ITAT BENCH WITHIN WHOSE JURISDICTION A.O PASSED ASSESSMENT ORDER? 318
Section 260A: Appeal to High Court
WHETHER A DOCUMENT IS INCRIMINATING OR NOT IS A QUESTION OF FACT OR SUBSTANTIAL QUESTION OF LAW? 496
SHORT CONDONATION WITH EXCUSE IS NOT ALLOWED WHILE LONG CONDONATION WITH EXPLANATION CAN BE ALLOWED 586
WHETHER RENDITION OF SERVICES ACCEPTED IN ONE YEAR CAN IPSO FACTO BE ACCEPTED IN ANOTHER YEAR? 282
PRIOR TO 01.04.2013, PARTNERS’ CONTRIBUTION CANNOT BE ADDED U/S 68 IN THE HANDS OF FIRM? 210
WHETHER DEPARTMENT CAN SEEK DELAY OF 498 DAYS IN A CASUAL MANNER BEFORE HIGH COURT? 587
WHETHER CIT(A) HAS THE POWER OF REMANDING MATTER TO A.O. FOR FRESH CONSIDERATION? 575
WHETHER PENALTY U/S 271AAB CAN BE DELETED BY TRIBUNAL WITHOUT DISTINGUISHING THE FACTS OF THE CASE? 588
WHETHER ADDITIONS FOR PENNY STOCK JUSTIFIED IN ABSENCE OF ADVERSE FINDINGS FROM SEBI? 216
WHETHER PURCHASES ARE BOGUS OR NOT ON BASIS OF REPORT OF SALE TAX DEPARTMENT IS A QUESTION OF LAW? 392
WHETHER THERE IS ABSOLUTE PROPOSITION THAT DETERMINATION OF ALP IS NOT A SUBSTANTIAL QUESTION OF LAW 589
WHETHER APPEAL BEFORE HIGH COURT CAN BE FILED BY DEPARTMENT IF TAX EFFECT IS BELOW ONE CRORE? 369
Section 263: Revision of orders prejudicial to revenue
WHETHER AFFILIATION BY A REGULATORY AUTHORITY ARE ESSENTIAL ATTRIBUTES OF EDUCATION u/s 2(15)? 6
WHETHER PROVISIONS OF SECTION 50C ARE APPLICABLE WHEN PRICE OF LAND IS FIXED BY BANK & NOT ASSESSEE? 183
CAN ORDER u/s 153A BE REVISED u/s 263 WITHOUT REVISING APPROVAL u/s 153D BY JOINT COMMISSIONER? 495
WHETHER COMMISSIONER CAN EXERCISE HIS POWER u/s 263 JUST BECAUSE HE HAS A DIFFERENT VIEW THAN AO? 260
WHETHER PROVISIONS OF SECTION 56(2)(viib) ARE APPLICABLE TO A RIGHT ISSUE? 198
WHETHER COMMISSIONER HAS POWER TO REVISE U/S 263 AN ISSUE WHICH IS SUBJECT MATTER OF AN APPEAL? 170
WHETHER FAILURE TO DISCLOSE LTCG ON SHARES EXEMPT U/S 10(38) IN RETURN IS PREJUDICIAL TO REVENUE? 68
WHETHER REVISION U/S 263 CAN BE TRIGERED FOR EVERY SHORT ENQUIRY OR WHERE A.O. HAS TAKEN A PLAUSIBLE VIEW? 592
WHETHER REVISION U/S 263 IS POSSIBLE WHEN COMMISSIONER IS SATISFIED WITH EXPLANATION OF ASSESSEE? 593
WHAT ARE THE BASIC PRINCIPLES TO SUGGEST AN ORDER AS ERRONEOUS U/S 263? 594
CAN EXEMPTION U/S 54 BE DENIED IF SUM IS NOT DEPOSITED IN CGAS BUT INVESTED IN SPECIFIED TIME? 189
WHETHER ASSESSMENT/ADDITION CAN BE REDUCED IN PERSUANCE TO SECTION 263 REVISION PRECEEDINGS? 595
WHETHER ASSESSEE CAN CLAIM DEDUCTION U/S 264 WHICH IS NOT CLAIMED IN RETURN OF INCOME AND ASSESSMENT? 263
WHETHER DEDUCTION U/S 80-IC BE DENIED IN 263 PROCEEDING IF ALLOWED IN PRECEEDING & SUCCEEDING YEAR? 271
WHETHER REVISION U/S 263 CAN BE DONE FOR DIVIDEND DISTRIBUTION TAX FOR AN ORDER PASSED U/S 143(3) 297
WHETHER REVISION U/S 263 IS POSSIBLE ON AN ISSUE WHICH WAS NOT PART OF LIMITED SCRUTINY? 596
WHETHER A PIECEMEAL CHALLENGE TO ORDER ON ONE OF GROUNDS ON WHICH RELIEF IS GRANTED IS MAINTAINABLE? 597
WHETHER REVISION U/S 263 CAN BE DONE EVEN IF A.O. ASKED FOR INFORMATION WHICH WAS PARTLY SUPPLIED? 598
WHETHER INTEREST INCOME FORMS PART OF BUSINESS INCOME FOR ADMISSIBLE DEDUCTION U/S 40(B)(V)? 153
WHETHER SURVEY OPERATIONS AT ASSESSEE ALONE CAN BE BASIS FOR DEEMING PROVISIONS U/S 68 OR 69? 216
WHETHER DELAY OF 1526 DAYS IN APPEAL MAY BE CONDONED ON GROUND OF WRONG ADVICE OF PROFESSIONAL 599
WHETHER REVENUE COULD COMPEL ASSESSEE TO CHOOSE PARTICULAR METHOD OF VALUATION I.E. NAV METHOD? 601
WHETHER SECTION 56(2)(viib) IS APPLICABLE TO SHARES ISSUED TO 100% HOLDING COMPANY? 201
WHETHER EMPLOYEE OF ASSESSEE CAN BE AUTHORISED REPRESENTATIVE OF THE ASSESSEE WITHOUT AUTHORISATION? 601
WHETHER REVISION FOR ISSUES NOT COVERED IN REASSESSMENT IS TO BE RECKONED FROM DATE OF REASSESSMENT? 602
WHETHER AMOUNT PAID FOR PERSONAL DISPUTE OF SHAREHOLDERS CAN BE COST OF IMPROVEMENT? 193
WHETHER COMMISSIONER CAN IMPOSE HIS UNDERSTANDING OF EXTENT OF ENQUIRY BY REVISION U/S 263? 368
WHETHER APPEAL BEFORE HIGH COURT CAN BE FILED BY DEPARTMENT IF TAX EFFECT IS BELOW ONE CRORE? 369
WHETHER A.O CAN CONTINUE WITH U/S 263 IF ASSESSEE HAS FILED APPEAL AGAINST ORDER U/S 263 WITH ITAT? 603
WHETHER ADDITIONS U/S 69C FOR UNEXPLAINED EXPENDITURE CAN BE DONE FOR REPAYMENT OF LOAN? 224
Section 264: Revision of other orders
CAN REVISION u/s 264 BE FILED IF SOME AMOUNT MISTAKENLY TREATED AS INCOME IN RETURN OF INCOME? 604
WHETHER AN INTIMATION u/s 143(1) IS AMENABLE TO REVISIONAL JURISDICTION U/S 264? 357
CAN ASSESSEE CLAIM INDEXED COST OF IMPROVEMENT FOR FIRST TIME IN REVISION APPLICATION U/S 264? 364
WHETHER COMMISSIONER TO ALLOW CONDONATION u/s 264 IF CIT(A) TAKES TOO MUCH TIME TO TAKE DECISION? 605
WHETHER FACT THAT ASSESSEE WOULD HAVE TO PAY MORE TAX IF CONDONATION NOT ALLOWED IS GENUINE HARDSHIP 270
WHETHER REVISION U/S 264 IS POSSIBLE WHEN ASSESSEE HAS ALREADY FILED WRIT PETITION? 606
WHETHER ASSESSEE CAN CLAIM DEDUCTION U/S 264 WHICH IS NOT CLAIMED IN RETURN OF INCOME AND ASSESSMENT? 263
WHETHER ASSESSEE CAN PUT FORTH A LEGITIMATE CLAIM FIRST TIME U/S 264 BEFORE COMMISSIONER? 607
WHETHER ASSESSEE CAN OPT FOR SECTION 264 REVISION IF EXEMPT INCOME WRONGLY INCLUDED IN RETURN? 608
WHETHER CIT CAN REJECT REVISION U/S 264 ON THE GROUND THAT WRIT OF THE ASSESSEE HAS BEEN DISMISSED? 609
Section 268A: Filing of appeal or application for
reference by income-tax authority
WHETHER NOT FOLLOWING THE CIRCULAR BY CIT(A) CAN BE HELD A CHALLENGE TO THE VIRES OF THE CIRCULAR? 166
WHETHER APPEAL BEFORE HIGH COURT CAN BE FILED BY DEPARTMENT IF TAX EFFECT IS BELOW ONE CRORE? 369
Section 269SS: Mode of taking or accepting certain loans,
deposits and specified sum
WHETHER ASSESSEE TO APPROACH REGISTRAR FOR MODIFICATION IN SALE DEED TO AVOID PENALTY U/S 271D? 610
WHETHER VIOLATION OF 269SS OR 271D WOULD RENDER TRANSACTION UNENFORCEABLE U/S 138 OF NIA, ACT, 1881? 685
CAN PENALTY BE LEVIED IN A.Y. 17-18 U/S 271D FOR DEFAULT COMMITTED IN A.Y 16-17 611
WHETHER TAX ADMINISTRATION SHOULD ADVICE & HELP PEOPLE TO ENSURE THAT THEY STAY WITHIN BOUNDS OF LAW 612
Section 269ST: Mode of undertaking transactions
WHETHER PENALTY U/S 271DA MAY BE LEVIED JUST BECAUSE OF TECHNICAL & VENIAL BREACH OF PROVISIONS? 613
Section 270A: Penalty for under-reporting and misreporting of income
WHETHER FINDINGS RECORDED IN THE ASSESSMENT PROCEEDINGS ARE CONCLUSIVE FOR PENALTY PROCEEDINGS? 614
WHETHER PENALTY IS LEVIABLE ONLY BECAUSE ASSESSEE FILED FORM 68 NOT IN TIME? 616
WHETHER PENALTY U/S 270A IS AUTOMATIC OR IT IS PADONABLE? 617
CAN PENALTY FOR MISREPORTING U/S 270A(9) CAN BE IMPOSED WHERE ASSESSEE HIMSELF COME UP WITH ADDITION 618
WHETHER INCOME SHOWN UNDER HOUSE PROPERTY INSTEAD OF BUSINESS INCOME IS UNDER REPORTING OF INCOME? 619
Section 270AA: Immunity from imposition of penalty, etc.
WHETHER PENALTY IS LEVIABLE ONLY BECAUSE ASSESSEE FILED FORM 68 NOT IN TIME? 616
CAN PENALTY FOR MISREPORTING U/S 270A(9) CAN BE IMPOSED WHERE ASSESSEE HIMSELF COME UP WITH ADDITION 618
Section 271: Failure to furnish returns,
comply with notices, concealment of income, etc.
CAN INITIATION OF PENALTY PROCEEDINGS BE LEFT TO THE WHIMS OF THE REVENUE U/S 275? 621
WHETHER AGE OF ASSESSEE IS RELEVANT AT TIME OF COMMISSION OF OFFENCE OR AT TIME OF PROSECUTION? 621
Section 271(1)(c): Concealed particulars of income or
furnished inaccurate particulars of income
WHETHER PENALTY u/s 271(1)(c) IS ATTRACTED WHERE ADDITION IS ON ESTIMATE BASIS FOR BOGUS PURCHASES? 464
WHETHER MERELY CLAIMING HIGHER DEPRECIATION WILL TANTAMOUNT TO FURNISHING INACCURATE PARTICULARS? 623
WHETHER PENALTY CAN BE LEVIED ON AN ISSUE WHERE ASSESSEE CLAIMED SOME AMOUNT AND CIT(A) ALSO CONFIRMED ASSESSEE’S POINT OF VIEW IN QUANTUM APPEAL? 624
WHETHER PENALTY CAN BE LEVIED ON A MATTER WHICH IS ADMITTED AS A QUESTION OF LAWS BY THE HIGH COURT? 625
WHETHER EXCESS FEES PAID FOR FILING APPEALS TO ITAT IS TO BE REFUNDED TO ASSESSEE? 577
WHETHER A.O. AND CIT(A) CAN CONFIRM PENALTY WHEN QUANTUM APPEAL ARE PENDING WITH CIT(A)? 626
WHETHER PENALTY ON PORTION OF LOSS CONVERTED INTO PROFITS IS JUSTIFIED? 627
WHETHER ASSESSEE’S REQUEST TO BE ASSESSED AT NIL INSTEAD OF LOSS CAN SAVE HIM FROM PENALTY? 628
WHETHER PENALTY LEVIED U/S 271(1)(c) INSTEAD OF SECTION 271AAA IS JUSTIFIED 629
WHETHER PENALTY IS LEVIABLE U/S 271(1)(c) WHEN ADDITION FOR BOGUS PURCHASES IS MADE ON SOME % BASIS? 629
WHETHER VAT AUTHORITIES ACCEPTING CASH SALES SUFFICIENT GROUND TO HOLD THAT CASH SALES ARE GENUINE? 272
WHETHER A.O. CAN LEVY PENALTY ON INCOME DECLARED IN RESPONSE TO NOTICE U/S 148? 433
WHETHER PENALTY IS LEVIABLE MERELY BASED ON CONFIRMATION OF ADDITION IN QUANTUM PROCEEDINGS? 100
WHETHER PENALTY IS LIABLE TO BE DELETED IF NOTICE IS VAGUE EVEN IF ORDER IS WITH CORRECT SECTION? 630
Section 271A: Failure to keep,
maintain or retain books of account, documents, etc.
WHETHER PENALTY FOR BOTH NON MAINTENANCE OF BOOKS AND FAILURE TO GET ACCOUNTS AUDITED CAN BE LEVIED 168
CAN PENALTY U/S 271A R.W.S 44AA CAN BE LEVIED WITHOUT A FINDING THAT ASSESSEE IS CARRYING BUSINESS? 632
WHETHER PENALTY FOR FAILURE TO GET BOOKS AUDITED BE LEVIED, IF PENALTY LEVIED TO MAINTAIN BOOKS? 633
Section 271AA: Penalty for failure to keep and maintain information and document, etc., in respect of certain transactions
WHETHER 1ST YEAR OF PROVISION AND WRONG ADVICE CAN BE A REASONABLE CAUSE FOR NOT TO LEVY PENALTY? 295
Section 271AAA: Penalty where search has been initiated
WHETHER ASSESSEE HAS TO SUBSTANTIATE MANNER IN WHICH INCOME IS DERIVED TO AVOID PENALTY u/s 271AAA? 325
WHETHER PENALTY LEVIED U/S 271(1)(c) INSTEAD OF SECTION 271AAA IS JUSTIFIED 629
WHETHER PENALTY IS LIABLE TO BE DELETED IF NOTICE IS VAGUE EVEN IF ORDER IS WITH CORRECT SECTION? 630
Section 271AAB: Penalty where search has been initiated
WHETHER FINDINGS RECORDED IN THE ASSESSMENT PROCEEDINGS ARE CONCLUSIVE FOR PENALTY PROCEEDINGS? 614
WHETHER EVERY INCOME SURRENDERED DURING SEARCH IS UNDISCLOSED INCOME FOR PENALTY U/S 271AAB? 329
WHETHER PENALTY U/S 271AAB CAN BE DELETED BY TRIBUNAL WITHOUT DISTINGUISHING THE FACTS OF THE CASE? 588
Section 271B: Failure to get accounts audited
WHETHER PENALTY FOR BOTH NON MAINTENANCE OF BOOKS AND FAILURE TO GET ACCOUNTS AUDITED CAN BE LEVIED 168
WHETHER PENALTY FOR FAILURE TO GET BOOKS AUDITED BE LEVIED, IF PENALTY LEVIED TO MAINTAIN BOOKS? 633
WHETHER CHANGE OF AUDITOR IS A REASONABLE CAUSE FOR DELAY IN FILLING TAX AUDIT REPORT? 169
WHETHER PENALTY U/S 271B CAN BE LEVIED FOR NOT GETTING AUDITED U/S 12A(1)(b)? 57
WHETHER DATA CRASHED IS A REASONABLE CAUSE TO AVOID PENALTY FOR FAILURE TO GET TAX AUDIT ON TIME? 634
Section 271C: Penalty for failure to deduct tax at source
WHETHER PENALTY CAN BE LEVIED FOR NON-PAYMENT OR DELAYED PAYMENT OF TDS IF IT HAS BEEN DEDUCTED? 547
Section 271CA: Penalty for failure to collect tax at source
WHETHER PENALTY U/S 271CA IS SUSTAINABLE WHERE QUANTUM APPEAL HAS BEEN ALLOWED? 635
Section 271D: Penalty for failure to comply with the
provisions of section 269SS
WHETHER ASSESSEE TO APPROACH REGISTRAR FOR MODIFICATION IN SALE DEED TO AVOID PENALTY U/S 271D? 610
WHETHER VIOLATION OF 269SS OR 271D WOULD RENDER TRANSACTION UNENFORCEABLE U/S 138 OF NIA, ACT, 1881? 685
WHAT IS PERIOD OF LIMITATION FOR IMPOSING PENALTY IF ASSESSEE HAS NOT FILED APPEAL AGAINST ADDITION? 636
CAN PENALTY BE LEVIED IN A.Y. 17-18 U/S 271D FOR DEFAULT COMMITTED IN A.Y 16-17 611
WHETHER TAX ADMINISTRATION SHOULD ADVICE & HELP PEOPLE TO ENSURE THAT THEY STAY WITHIN BOUNDS OF LAW 612
Section 271DA: Penalty for failure to comply with
provisions of section 269ST
WHETHER PENALTY U/S 271DA MAY BE LEVIED JUST BECAUSE OF TECHNICAL & VENIAL BREACH OF PROVISIONS? 613
Section 273B: Penalty not to be imposed in certain cases
WHETHER 1ST YEAR OF PROVISION AND WRONG ADVICE CAN BE A REASONABLE CAUSE FOR NOT TO LEVY PENALTY? 295
WHETHER PENALTY U/S 271AAB CAN BE DELETED BY TRIBUNAL WITHOUT DISTINGUISHING THE FACTS OF THE CASE? 588
WHETHER TAX ADMINISTRATION SHOULD ADVICE & HELP PEOPLE TO ENSURE THAT THEY STAY WITHIN BOUNDS OF LAW 612
Section 274: Procedure
WHETHER FINDINGS RECORDED IN THE ASSESSMENT PROCEEDINGS ARE CONCLUSIVE FOR PENALTY PROCEEDINGS? 614
WHETHER AGE OF ASSESSEE IS RELEVANT AT TIME OF COMMISSION OF OFFENCE OR AT TIME OF PROSECUTION? 621
Section 275: Bar of limitation for imposing penalties
CAN INITIATION OF PENALTY PROCEEDINGS BE LEFT TO THE WHIMS OF THE REVENUE U/S 275? 621
WHAT IS PERIOD OF LIMITATION FOR IMPOSING PENALTY IF ASSESSEE HAS NOT FILED APPEAL AGAINST ADDITION? 636
WHETHER LIMITATION FOR PENALTY STARTS FROM INITIATION OF PROCEEDINGS OR FROM DATE OF APPROVAL? 637
Section 276B: Failure to pay tax to the credit of
Central Government under Chapter XII-D or XVII-B
WHETHER PROSECUTION FOR LATE DEPOSIT OF TDS SUSTAINABLE IF DELAY IS BEYOND CONTROL OF ASSESSEE? 639
WHETHER REASONABLE CAUSE IS LIGHTER THAN GOOD AND SUFFICIENT CAUSE IN PROSECUTION PROCEEDINGS? 24
WHETHER BEING DIRECTOR IS SUFFICIENT TO FACE THE TRIAL U/S 276B AND 278B? 640
WHETHER ASSESSEE IS A PRINCIPAL OFFICER FOR LAUNCHING PROSECUTION CAN BE DECIDED BY COURT IN A WRIT? 640
WHETHER SEPARATE NOTICE TO DIRECTORS IS NECESSARY FOR INITIATING PROSECUTION U/S 276B? 641
WHETHER CRIMINAL PROCEEDINGS FOR PROSECUTION FOR TDS LATE DEPOSIT OF LESS THAN Rs. 50,000 IS JUSTIFIED 642
WHETHER PENALTY CAN BE LEVIED FOR NON-PAYMENT OR DELAYED PAYMENT OF TDS IF IT HAS BEEN DEDUCTED? 547
Section 276C: Wilful attempt to evade tax, etc.
WHETHER DELAYED PAYMENT OF SELF-ASSESSMENT TAX CAN LAND ASSESSEE INTO PROSECUTION PROCEEDINGS? 643
WHETHER AGE OF ASSESSEE IS RELEVANT AT TIME OF COMMISSION OF OFFENCE OR AT TIME OF PROSECUTION? 621
Section 276CC: Failure to furnish returns of income
WHETHER PROSECUTION U/S 276CC CAN BE DONE IN ABSENCE OF MENS-REA, JUST ON BASIS OF PRESUMPTION? 645
WHETHER INTEREST PAID BY ASSESSEE IS PRESUMPTION THAT A.O HAS EXTENDED TIME LIMIT FOR FILING RETURN? 646
WHETHER PROSECUTION U/S 276CC CAN BE DONE IF RETURN FILED BELATED BUT BEFORE ISSUE OF ANY NOTICE? 344
Section 276D: Failure to produce accounts and documents
WHETHER AGE OF ASSESSEE IS RELEVANT AT TIME OF COMMISSION OF OFFENCE OR AT TIME OF PROSECUTION? 621
Section 277: False statement in verification, etc.
WHETHER PROSECUTION MAY CONTINUE IF TRIBUNAL HELD THAT THERE IS NO CONCEALMENT OF INCOME? 647
WHETHER AGE OF ASSESSEE IS RELEVANT AT TIME OF COMMISSION OF OFFENCE OR AT TIME OF PROSECUTION? 621
Section 278AA: Punishment not to be imposed in certain cases
WHETHER PROSECUTION FOR LATE DEPOSIT OF TDS SUSTAINABLE IF DELAY IS BEYOND CONTROL OF ASSESSEE? 639
WHETHER REASONABLE CAUSE IS LIGHTER THAN GOOD AND SUFFICIENT CAUSE IN PROSECUTION PROCEEDINGS? 24
Section 278B: Offences by companies
WHETHER REASONABLE CAUSE IS LIGHTER THAN GOOD AND SUFFICIENT CAUSE IN PROSECUTION PROCEEDINGS? 24
WHETHER DELAYED PAYMENT OF SELF-ASSESSMENT TAX CAN LAND ASSESSEE INTO PROSECUTION PROCEEDINGS? 643
WHETHER BEING DIRECTOR IS SUFFICIENT TO FACE THE TRIAL U/S 276B AND 278B? 640
WHETHER ASSESSEE IS A PRINCIPAL OFFICER FOR LAUNCHING PROSECUTION CAN BE DECIDED BY COURT IN A WRIT? 640
WHETHER SEPARATE NOTICE TO DIRECTORS IS NECESSARY FOR INITIATING PROSECUTION U/S 276B? 641
WHETHER CRIMINAL PROCEEDINGS FOR PROSECUTION FOR TDS LATE DEPOSIT OF LESS THAN RS50,000 IS JUSTIFIED 642
Section 278E: Presumption as to culpable mental state
WHETHER PROSECUTION U/S 276CC CAN BE DONE IN ABSENCE OF MENS-REA, JUST ON BASIS OF PRESUMPTION? 645
Section 279: Prosecution to be at instance of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner
WHETHER THERE IS ANY TIME LIMIT FOR FILING COMPOUNDING APPLICATION FOR PROSECUTION u/s 279? 300
WHETHER THERE IS ANY RESITRICTION ON NUMBER OF COMPOUNDIING APPLICATIONS U/S 279? 648
Section 282: Service of notice generally
WHETHER ASSESSMENT ORDER WITHOUT DIN IS VALID IF DIN IS MENTIONED IN DEMAND NOTICE? 16
WHETHER ASSESSMENT u/s 147 R.W.S 148 IS VALID WITHOUT VALID SERVICE OF NOTICE AT LATEST ADDRESS? 408
WHETHER COMMUNICATION OF NOTICE TO BE PRESUMED UPON THE PLACING OF THE NOTICE ON THE E-PORTAL? 649
WHETHER ORDER WITHOUT SIGNATURE OF A.O. IS A PROCEDURAL FLAW THAT CAN BE CURED SUBSEQUENTLY? 650
WHETHER NOTICE SENT TO SECONDARY EMAIL IS VALID IF NOT SENT TO PRIMARY E-MAIL U/S 148? 652
WHETHER NOTICE U/S 148 DATED 31.03.2021 RECEIVED BY ASSESSEE ON MAIL ON 06.04.2021 IS A VALID NOTICE 488
WHETHER NOTICE ISSUED NOT IN COMPLIANCE OF RULE 127 & SECTION 282 IS VALID? 672
Section 282A: Authentication of notices and other documents
WHETHER ORDER WITHOUT SIGNATURE OF A.O. IS A PROCEDURAL FLAW THAT CAN BE CURED SUBSEQUENTLY? 650
WHETHER NOTICE SENT TO SECONDARY EMAIL IS VALID IF NOT SENT TO PRIMARY E-MAIL U/S 148? 652
WHETHER NOTICE U/S 148 DATED 31.03.2021 RECEIVED BY ASSESSEE ON MAIL ON 06.04.2021 IS A VALID NOTICE 488
WHETHER NOTICE IN ITBA PORTAL WOULD AMOUNT TO ISSUE OF NOTICE IN ABSENCE OF EMAIL TO ASSESSEE? 436
Section 292B: Return of income, etc., not to be invalid on certain grounds
WHETHER ASSESSMENT ORDER WITHOUT DIN IS NON-EST? 367
WHETHER NOTICE U/S 148 CAN BE HELD INVALID SIMPLY BECAUSE SIGNATURE IS IN THE FORM OF CURVED LINE? 438
WHETHER MISTAKE IN NAME OF ASSESSEE WILL RENDER NOTICE INVALID? 439
Section 292BB: Notice deemed to be valid in certain circumstances
WHETHER ASSESSMENT u/s 147 R.W.S 148 IS VALID WITHOUT VALID SERVICE OF NOTICE AT LATEST ADDRESS? 408
WHETHER ORDER WITHOUT SIGNATURE OF A.O. IS A PROCEDURAL FLAW THAT CAN BE CURED SUBSEQUENTLY? 650
WHETHER REQUIREMENT OF ISSUING NOTICE U/S 143(2) IS NOT THERE IF RETURN U/S 148 NOT FILED ON TIME? 360
WHETHER CONDITION FOR ISSUE OF NOTICE U/S 143(2) IS ALSO THERE FOR ASSESSMENT U/S 158BC? 361
WHETHER EMPLOYEE OF ASSESSEE CAN BE AUTHORISED REPRESENTATIVE OF THE ASSESSEE WITHOUT AUTHORISATION? 601
MISCELLANEOUS
AS-9
WHETHER THERE IS ACCRUAL OF INCOME IF THERE IS UNCERTAINTY IN RECOVERY OF INT. ON OVERDUE PAYMENTS 33
Additional Evidence
WHETHER SEEKING REMAND REPORT BY CIT(A) ON ADDITIONAL EVIDENCE IS COMPULSORY IN INTEREST OF JUSTICE? 671
Additional Grounds
WHETHER MAT IS APPLICABLE TO ASSESSEE ENGAGED IN MAINTAINANCE AND DISTRIBUTION OF ELECTRICITY? 265
Audit Objection
CAN NOTICE U/S 148 BE ISSUED SOLELY ON THE BASIS OF AUDIT OBJECTION, WITHOUT APPLICATION OF MIND? 415
Cash Seizure
WHETHER REQUISITIONING POWER U/S 132A CAN BE EXERCISED IF EXCISE OFFICER DEPOSITS CASH IN COURT? 330
CAN CASH SEIZED DURING ELECTION FOR WHICH ASSESSMENT COMPLETED & ADDITION MADE BE CLAIMED IN WRIT? 564
Change of Opinion
WHETHER REASSESSMENT IS PERMISSIBLE ON MERE CHANGE OF OPINION IN NEW PROCEDURE UNDER SECTION 148A? 402
WHETHER AUDIT OBJECTION WHICH IS INTERNAL CAN BE BASIS FOR ISSUING NOTICE U/S 148 UNDER NEW REGIME? 417
Commission
WHETHER TDS TO BE DEDUCTED ON COMMISSION PAID OUTSIDE INDIA WHEN AGENTS DO NOT HAVE PE IN INDIA? 149
WHETHER ADDITION OF BOGUS PURCHASE IS JUSTIFIED IN CASE OF ONE TO ONE MAPPING OF PURCHASE & SALE? 145
Cross Examination
WHETHER CROSS EXAMINATION OF PARTIES CAN BE REQUESTED TO WHOM NOTICES u/s 133(6) ARE ISSUED? 203
WHETHER NOT PROVIDING CROSS EXAMINATION IS AGAINST PRINCIPLES OF NATURAL JUSTICE? 370
WHETHER OPPORTUNITY TO CROSS EXAMINE THE WITNESS IS LEGAL RIGHT OF THE ASSESSEE? 332
WHETHER RIGHT OF CROSS EXAMINATION IS THE VITAL PART OF PRINCIPLES OF NATURAL JUSTICE IN INCOME TAX? 69
WHETHER IT IS COMPULSORY FOR REVENUE TO FOLLOW DIGITAL EVIDENCE INVESTIGATION MANUAL ISSUED BY CBDT? 654
WHETHER ADDITIONS ARE JUSTIFIED WITHOUT CROSS EXAMINING THE DEPONENTS OF THE AFFIDAVIT? 656
WHETHER CROSS EXAMINATION IS A VITAL PART OF ASSESSMENT PROCEEDINGS & CAN LEAD TO ASSESSMENT QUASHED 442
CSR Expenses
WHETHER CSR EXPENDITURE NOT UNDER OBLIGATION UNDER COMPANIES ACT IS ALLOWABLE U/S 37(1)? 132
Dead Person
WHETHER IT IS LEGAL OBLIGATION OF LEGAL HEIR TO INTIMATE THE DEATH OF ASSESSEE TO DEPARTMENT? 520
Dependent Agent
WHETHER SOLE SELLING AGENT ALWAYS MEAN DEPENDENT AGENT PERMANENT ESTABLISHMENT OF ASSESSEE? 557
Doctorine of Mutuality
WHETHER THERE SHOULD BE COMPLETE IDENTITY BETWEEN CONTRIBUTORS AND PARTICIPANTS FOR PRINCIPLE OF MUTUALITY? 658
Dump Documents
WHETHER A.O. CAN REFER TO D.V.O. WITHOUT REJECTING BOOKS OF ACCOUNTS OF ASSESSEE? 389
DVO
WHETHER A.O. CAN REFER TO D.V.O. WITHOUT REJECTING BOOKS OF ACCOUNTS OF ASSESSEE? 389
ESOP
WHETHER COMPANY CAN CLAIM ESOP EXPENSES u/s 37? 136
Hedging Transactions
WHETHER TRANSACTIONS TO HEDGE AGAINST POSSIBLE LOSS FROM FLUCTUATION ARE SPECULATIVE U/S 43(5)? 160
House Property
UNDER WHICH HEAD OF INCOME SECURITY DEPOSIT AGAINST PROPERTY LEASED IF FOFFEITED IS TAXABLE? 161
JDA
WHETHER POSSESSION GIVEN ONLY FOR PURPOSES OF DEVELOPMENT SUFFICIENT TO CONSIDER IT AS TRANSFER? 177
Limited Scrutiny
WHETHER A.O. CAN CONDUCT INQUIRY ON A DIFFERENT ISSUE BEFORE CONVERSION INTO COMPLETE SCRUTINY? 366
Look-out Circular
WHETHER IN ABSENCE OF COGNIZABLE OFFENCE, LOOKOUT NOTICE FOR LONG IS JUSTIFIED? 660
Other Deductions
ADDITION FOR DELAYED EMPLOYEES’ PROVIDENT FUND CONTRIBUTION DUE TO TECHNICAL GLITCHES UNJUSTIFIED 128
Original Evidence
WHETHER IT IS COMPULSORY FOR REVENUE TO FOLLOW DIGITAL EVIDENCE INVESTIGATION MANUAL ISSUED BY CBDT? 654
PAN
WHETHER NOTICE U/S 148 CAN BE ISSUED IN OLD PAN WHEN ASSESSEE HAS INITIMATED ITS SURRENDER? 428
Penny Stock
WHETHER ADDITION FOR PENNY STOCK CAN BE MADE WITHOUT ESTABLISHING ASSESSEE’S ROLE IN PRICE RIGGING? 70
WHETHER PRICE OF SHARE ON STOCK EXCHANGE COULD ALWAYS BE LINKED TO THE FINANCIAL STRENGTH OF COMPANY 72
Permanent Establishment
WHETHER EXISTENCE OF A PERMANENT ESTABLISHMENT IS TO BE DETERMINED ON YEAR TO YEAR BASIS? 661
Personal Attendance
WHETHER PERSONAL ATTENDANCE CAN BE DISPENSED WITH BY MAGISTRATE IF COMPLAINT IS BASED ON DOCUMENTS? 681
Personal Hearing
WHETHER PROVIDING OPPORTUNITY OF PERSONAL HEARING IS MANDATORY EVEN IF NOT REQUESTED BY ASSESSEE? 374
Principle of Mutuality
WHETHER PRINCIPLE OF MUTUALITY WILL APPLY TO INTEREST RECEIVED ON FIXED DEPOSITS BY CLUBS? 20
WHETHER PRINCIPLE OF MUTUALITY WILL BE LOST JUST BECAUSE SOME AMOUNT IS RECEIVED FROM NON-MEMBERS? 659
Remand
WHETHER REVENUE CAN DEMAND REMAND OF CASE TO CORRECT THE BASIS OF CHARGE AGAINST THE ASSESSEE? 544
WHETHER ASSESSEE CAN SEEK REMAND IN ITAT AS A RIGHT WHEN HE HAD NOT PARTICIPATED IN PROCEEDINGS? 234
Retention Money
WHETHER RETENTION MONEY WILL BE TAXABLE IN YEAR IN WHICH OBLIGATION UNDER CONTRACT WERE FULFILLED? 29
Revenue Expenditure or Capital Expenditure
CAN ASSESSEE CLAIM AN EXPENDITURE TO BE REVENUE FIRST TIME BEFORE TRIBUNAL IF CAPITALIZED EARLIER? 146
RTI
WHETHER INFORMATION RELATING TO THIRD PARTY CAN BE GIVEN UNDER RTI ACT, 2005 WITHOUT HIS PERMISSION? 342
Satisfaction Note
CAN SATISFACTION NOTE BE REJECTED ONLY ON GROUND THAT IT IS WORD TO WORD SAME OF BOTH A.O.? 508
WHETHER DATE OF SATISFACTION NOTE CAN BE TAKEN AS DATE OF HANDING OVER OF MATERIAL U/S 153C? 509
Search & Seizure
WHETHER RETENTION OF DOCUMENTS AFTER 30 DAYS OF ASSESSMENT U/S 153A IS ALLOWED U/S 132(8)? 339
Signature
WHETHER NOTICE ISSUED U/S 148 WITHOUT SIGNATURE WHETHER DIGITALLY OR MANUALLY IS A VALID NOTICE? 441
Statement
WHETHER ADDITION FOR BOGUS PURCHASE CAN BE MADE WITHOUT POINTING MATERIAL ERRORS IN BOOKS? 251
WHETHER ADDITION CAN BE MADE MERELY ON BASIS OF STATEMENT WITHOUT INCRIMINATING MATERIAL? 420
Writ/Constitution of India
WHETHER NOTICE FOR ALL YEARS u/s 153C VALID IF SATISFACTION NOTE REFERS TO ONLY FOR ONE A.Y.? 324
WHETHER A.O. TO AT LEAST VERIFY BASIC DETAILS FROM ITBA PORTAL BEFORE ISSUE OF NOTICE U/S 148A(b)? 465
WHETHER PROPERTY MAY BE HELD BENAMI OR PROVISIONALLY ATTACHED MERELY ON THE BASIS OF STATEMENT OF A PERSON? 686
WHETHER HIGH COURT CAN EXAMINE RELEVANCY OF REASONS IN A WRIT PETITION U/S 148 NOTICE? 466
CAN REASSESSMENT BE CONTINUED IF GROUND ON WHICH REASSESSMENT WAS INITIATED WAS NO LONGER AVAILABLE? 400
WHETHER WRIT AGAINST NOTICE U/S 148 CAN BE ENTERTAINED WHEN TIME FOR APPEAL HAS EXPIRED? 402
WHETHER FAILURE TO DISCLOSE LTCG ON SHARES EXEMPT U/S 10(38) IN RETURN IS PREJUDICIAL TO REVENUE? 68
WHETHER NATURE OF LOAN AS TERM LOAN OR WORKING CAPITAL HAS ANY RELEVANCE FOR TAXABILITY U/S 28(IV)? 105
WHETHER DATE OF UPLOADING OF DRP DIRECTIONS ON ITBA PORTAL WILL BE DEEMED AS DATE OF RECEIPT BY A.O. 377
WHETHER COORDINATED INVESTIGATION PREVAIL OVER LOGISTICAL DIFFICULTIES FOR SECTION 127 TRANSFER? 312
WHETHER REPORT THAT INVOICE PRICE IS LESS THAN INTERNATIONAL PRICE IS SUFFICIENT TO ISSUE 148 NOTICE 404
WHETHER NOTICE ISSUED u/s 148 WITHOUT MENTIONING IN REASONS, HOW INCOME ESCAPED ASSESSMENT IS VALID? 406
WHETHER PROVIDING OPPORTUNITY OF PERSONAL HEARING IS MANDATORY EVEN IF NOT REQUESTED BY ASSESSEE? 374
WHETHER NOTICE u/s 148 CAN BE ISSUED WITHOUT MENTIONING WHAT ASSESSEE FAILED TO DISCLOSE IN ORIGINAL ASSESSMENT? 407
WHETHER REVENUE MAY USE NOTICE u/s 148 AND 153C INTERCHANGEABLY? 410
WHETHER IT IS COMPULSORY FOR REVENUE TO FOLLOW DIGITAL EVIDENCE INVESTIGATION MANUAL ISSUED BY CBDT? 654
WHETHER NOTICE U/S 148 IS VALID IF REASONS ARE VAGUE AND CRYPTIC? 413
WHETHER WRIT PETITIONS FILED BY ASSESSEE ARE HELPING THE ASSESSEE OR THE REVENUE? 472
CAN PENALTY FOR MISREPORTING U/S 270A(9) CAN BE IMPOSED WHERE ASSESSEE HIMSELF COME UP WITH ADDITION 618
WHETHER ASSESSEE CAN FILE APPLICATION U/S 245C BETWEEN 01.02.2021 TO 31.03.2021 BEFORE SETTLEMENT COMMISSION 563
WHETHER NOTICE U/S 148 CAN BE ISSUED FOR INVESTMENTS DONE FROM NRE ACCOUNTS BY NRI? 475
CAN NOTICE U/S 148 BE ISSUED SOLELY ON THE BASIS OF AUDIT OBJECTION, WITHOUT APPLICATION OF MIND? 415
WHETHER REVISION U/S 264 IS POSSIBLE WHEN ASSESSEE HAS ALREADY FILED WRIT PETITION? 606
WHETHER AUDIT OBJECTION WHICH IS INTERNAL CAN BE BASIS FOR ISSUING NOTICE U/S 148 UNDER NEW REGIME? 417
WHETHER INFORMATION FROM INSIGHT PORTAL IS SUFFICIENT TO REOPEN ASSESSMENT U/S 148? 418
WHETHER PARTICIPATION OF ASSESSEE IN PROCEEDINGS CAN EXTEND LIMITATION PERIOD FOR PASSING ORDER? 365
WHETHER CONDONATION CAN BE DENIED IF ALLOWED EARLIER AND WITHDRAWN DUE TO LACK OF JURISDICTION? 303
WHETHER NOTICE U/S 148 VALID JUST BECAUSE OF HUGE FDRs, IF ASSESSEE NOT REQUIRED TO FILE RETURN? 477
WHETHER SHARING OF INFORMATION FROM INSIGHT PORTAL IS SUFFICIENT TO ISSUE NOTICE U/S 148? 422
CAN REFUND BE GIVEN TO ASSESSEE PAYING INCOME WHO HAS BORNE TDS IF PAYEE IS NOT LIABLE TO TAX? 565
WHETHER WRIT CAN BE DISMISSED ONLY ON THE GROUND OF AVAILABILITY OF ALTERNATIVE REMEDY? 424
WHETHER NOTICE U/S 148 CAN BE ISSUED BY A.O. AFTER TRANSFER ORDER U/S 127(2)? 315
WHETHER A.O CAN ISSUE NOTICE U/S 148 JUST ON THE BASIS OF INFORMATION RECEIVED FROM VARIOUS SOURCES? 425
WHETHER WRIT CAN BE ENTERTAINED ON THE GROUND OF INADEQUATE SANCTION U/S 151 OR DIN? 491
WHETHER WRIT CAN BE ENTERTAINED AGAINST NOTICE U/S 153C IF ORDER PASSED DURING PENDENCY OF WRIT? 510
WHETHER SEARCH CAN BE NULLIFIED ON THE GROUND OF HARASSMENT IF CONDITIONS U/S 132 ARE MET? 335
WHETHER ASSESSMENT ORDER PASSED IN VIOLATION OF SC JUDGEMENT IS LIABLE TO BE QUASHED UNDER WRIT? 274
WHETHER BEING DIRECTOR IS SUFFICIENT TO FACE THE TRIAL U/S 276B AND 278B? 640
FROM WHOM APPROVAL IS REQUIRED FOR 148A(d) ORDER IS TO BE SEEN AS ON DATE OF 148A(d) ORDER 429
WHETHER TOLA EXTENDING TIME LIMIT TO ISSUE NOTICE U/S 148 WOULD AMEND SECTION 151 PROVISION ALSO? 430
WHETHER THERE IS CHANGE OF OPINION OR ESCAPEMENT OF INCOME IS A QUESTION OF FACT ELIGIBLE FOR WRIT? 431
WHETHER A.O. CAN RE-DO ASSESSMENT U/S 147 ON THE BASIS OF SAME MATERIAL ON RECORD? 266
WHETHER EXTENDED TIME LIMIT U/S 149(1)(b) CAN BE USED ON THE BASIS OF SALES CONSIDERATION U/S 48? 479
WHETHER TAX PAYER’S LEGAL RIGHT CAN BE TAILOR MADE IN ACCORDANCE WITH SOFTWARE USED BY DEPARTMENT? 663
CAN CASH SEIZED DURING ELECTION FOR WHICH ASSESSMENT COMPLETED & ADDITION MADE BE CLAIMED IN WRIT? 564
WHETHER AMOUNT TRANSFERRED TO A WRONG ACCOUNT WHICH HAS LIEN CAN BE RECOVERED IN A WRIT COURT? 664
WHETHER PCIT CAN GIVE APPROVAL FOR 148 ON A MATTER FOR WHICH HE HIMSELF DROPPED REVISION U/S 263? 435
WHETHER CIT CAN REJECT REVISION U/S 264 ON THE GROUND THAT WRIT OF THE ASSESSEE HAS BEEN DISMISSED? 609
WHETHER NOTICE U/S 148 DATED 31.03.2021 RECEIVED BY ASSESSEE ON MAIL ON 06.04.2021 IS A VALID NOTICE 488
WHETHER 148A(b) BEYOND 3 YEARS IS VALID IF WRONGLY ALLEGED THAT INCOME ESCAPING IS 50LAKH OR MORE? 484
WHETHER NOTICE ISSUED U/S 148 WITHOUT SIGNATURE WHETHER DIGITALLY OR MANUALLY IS A VALID NOTICE? 441
WHETHER CROSS EXAMINATION IS A VITAL PART OF ASSESSMENT PROCEEDINGS & CAN LEAD TO ASSESSMENT QUASHED 442
Article 14
IS DISTINCTION BETWEEN GOVT. EMPLOYEES vis-à-vis OTHERS A REASONABLE CLASSIFICATION UNDER ARTICLE 14 50
CAN LEGITIMATE EXPECTATION OF PUBLIC CAN HINDER THE POWER OF LEGISLATURE TO ENACT A LAW? 75
Article 20
WHETHER PROSECUTION CAN BE INITIATED FOR TRANSACTIONS PRIOR TO ENACTMENT OF BLACK MONEY ACT, 2015? 680
Article 265
CAN LEGITIMATE EXPECTATION OF PUBLIC CAN HINDER THE POWER OF LEGISLATURE TO ENACT A LAW? 75
Income Tax Rules, 1962
Rule 6DD: Cases and circumstances in which a payment or aggregate of payments exceeding ten thousand rupees may be made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft or use of electronic clearing system through a bank account or through such other electronic mode as prescribed in rule 6ABBA
WHETHER GENUINENESS OF EXPENSES CAN BE PLEA FOR NON-APPLICABILITY OF DISALLOWANCE U/S 40A(3). 156
Rule 8D: Method for determining amount of expenditure in relation to income not includible in total income
WHETHER A.O. CAN DIRECTLY JUMP TO SECTION 14A, RULE 8D WITHOUT REJECTING THE CLAIM OF ASSESSEE? 98
Rule 11AA: Requirement for approval of institution of fund under clause (vi) of sub-section (5) of section 80G
WHETHER TRIBUNAL CAN DIRECT COMMISSIONER(E) TO GRANT APPROVAL u/s 80G(5)? 256
Rule 11UA: Determination of fair market price
WHETHER ANY RULE OR PROVISION WILL BE APPLICABLE AS FOR A.Y. OR AS ON DATE OF ASSESSMENT ORDER? 200
WHETHER REVENUE COULD COMPEL ASSESSEE TO CHOOSE PARTICULAR METHOD OF VALUATION I.E. NAV METHOD? 601
Rule 24: Declaration for continuation of registration
WHETHER ITAT SHOULD SET ASIDE EX-PARTE ORDER EVEN AFTER SIX MONTHS AS PER RULE 24 OF ITAT RULES? 581
Rule 37BB: Furnishing of information for payment to a non-resident,
not being a company, or to a foreign company
WHETHER C.A. IS REQUIRED TO GO INTO GENUINENESS OR OTHERWISE OF DOCUMENTS SUBMITTED BY HIS CLIENTS. 669
Rule 46A: Production of additional evidence before the Joint Commissioner (Appeals) and Commissioner (Appeals)
WHETHER CIT(A) HAS TO WAIT FOR REMAND REPORT AFTER IT IS REQUISITIONED FROM ASSESSING OFFICER? 670
WHETHER A.O. IS DUTY BOUND TO COLLECT INFORMATION FROM HIS OWN RECORDS IF ASSESSEE IS UNRESPONSIVE? 204
WHETHER SEEKING REMAND REPORT BY CIT(A) ON ADDITIONAL EVIDENCE IS COMPULSORY IN INTEREST OF JUSTICE? 671
Rule 127: Service of notice, summons, requisition, order and other communication
WHETHER NOTICE ISSUED NOT IN COMPLIANCE OF RULE 127 & SECTION 282 IS VALID? 672
Rule 127A: Authentication of notices and other documents
WHETHER NOTICE ISSUED NOT IN COMPLIANCE OF RULE 127 & SECTION 282 IS VALID? 672
Rule 128: Foreign Tax Credit
WHETHER FILING OF FORM 67 IN TIME U/S 139(1) IS DIRECTORY OR MANDATORY? 674
WHETHER FORM 67 FILED BEFORE INTIMATION U/S 143(1) IS SUFFICIENT TO ALLOW FOREIGN TAX CREDIT? 676
WHETHER FOREIGN TAX CREDIT ALLOWED IF RETURN FILED U/S 139(4) & FORM 67 FILED BEFORE END OF A.Y.? 677
Form 10B
WHETHER EXEMPTION U/S 11(2) CAN BE DENIED ON GROUND THAT FORM 10-B IS FILED AFTER RETURN OF INCOME? 79
WHETHER EXEMPTION U/S 11 WILL BE ALLOWED IF FORM-10B IS FILED BEFORE INTIMATION U/S 143(1)? 80
Form 26A
WHETHER DELAY IN FILING APPEALS BY DEPARTMENT MAY BE CONDONED DUE TO PROCEDURAL CONSTRAINTS? 678
Form 67
WHETHER FILING OF FORM 67 IN TIME U/S 139(1) IS DIRECTORY OR MANDATORY? 674
WHETHER FOREIGN TAX CREDIT ALLOWED IF RETURN FILED U/S 139(4) & FORM 67 FILED BEFORE END OF A.Y.? 677
MISC. ACTS
Black Money Act, 2015
WHETHER PROSECUTION CAN BE INITIATED FOR TRANSACTIONS PRIOR TO ENACTMENT OF BLACK MONEY ACT, 2015? 680
WHETHER PERSONAL ATTENDANCE CAN BE DISPENSED WITH BY MAGISTRATE IF COMPLAINT IS BASED ON DOCUMENTS? 681
Cr PC, 1973
WHETHER PERSONAL ATTENDANCE CAN BE DISPENSED WITH BY MAGISTRATE IF COMPLAINT IS BASED ON DOCUMENTS? 681
IBC, 2016
WHETHER REVENUE CAN CLAIM ITS DUES IF IT FAILED TO PRESENT IT IN RESOLUTION PLAN IN IBC? 682
WHETHER REVENUE CAN CLAIM AN AMOUNT NOT CLAIMED BEFORE THE RESOLUTION PLAN IS APPROVED? 683
WHETHER NCLT ORDER U/S IBC FOR MORATORIUM IS APPLICABLE TO INCOME-TAX PROCEEDINGS? 684
Negotiable Instruments Act, 1881
WHETHER VIOLATION OF 269SS OR 271D WOULD RENDER TRANSACTION UNENFORCEABLE U/S 138 OF NIA, ACT, 1881? 685
Prohibition of Benami Property Transactions Act, 1988
WHETHER PROPERTY MAY BE HELD BENAMI OR PROVISIONALLY ATTACHED MERELY ON THE BASIS OF STATEMENT OF A PERSON? 686
WHETHER WRIT MAY BE ENTERTAINED AGAINST PROVISIONAL ATTACHMENT IN BENAMI ACT? 687

Additional information

Publisher

Bharat

Reviews

There are no reviews yet.


Be the first to review “Technical & Legal Issues & Solutions under Income Tax Act with Youtube Videos”