Condonation of Delay: directoral disputes and pending company proceedings can constitute reasonable cause, allowing a belated return to be treated as ...
Revisionary jurisdiction under section 263 upheld; faceless assessments subject to revision when AO fails requisite enquiries, remitted for fresh asse...
Limited scope of processing under section 143(1): enhancement without show cause is unsustainable; remand for residency, taxation and TDS verification...
Appellate proceedings cannot be used to introduce a new head of income or enhance an assessment without following the prescribed procedure. Where the original dispute concerned only denial of deduction under section 54F on the basis of alleged multiple residential units and a claimed sham transfer, and the appellate authority accepted that the transfer was lawful, that controversy stood concluded. The further step of taxing the share-sale consideration under section 56 amounted to an unauthorised enhancement and a change in the basis of assessment. The appellate order was therefore unsustainable, and the deduction under section 54F was directed to be allowed.
Appellate proceedings cannot be used to introduce a new head of income or enhance an assessment without following the prescribed procedure. Where the original dispute concerned only denial of deduction under section 54F on the basis of alleged multiple residential units and a claimed sham transfer, and the appellate authority accepted that the transfer was lawful, that controversy stood concluded. The further step of taxing the share-sale consideration under section 56 amounted to an unauthorised enhancement and a change in the basis of assessment. The appellate order was therefore unsustainable, and the deduction under section 54F was directed to be allowed.
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