S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Substantial justice – High Court has the power to condone the delay in filing of miscellaneous petition- Matter remanded to Tribunal to decide on merit. [S.254(1) ,271(1)) ( c ) Art .226 ]

S. 240 : Refund – Appeal – On assessment order is set aside –Refund is not automatic – Amount recovered is directed to be refunded with in four weeks from the date of the order passed by the Tribunal , in the event the appeal is decided in favour of the assessee. [S.253(3) ]

S. 234D : Interest on excess refund – Reduction of refund – Interest on excess refund – Amendment is applicable for regular assessment — Rectification of assessment after 1-6-2003 — Not a regular assessment — Amendment is not applicable . [ S.154 ]

S. 234A : Interest – Default in furnishing return of income – Long term capital gains – Rejection of one’s stand in a legal proceeding cannot be construed as an unavoidable circumstance- Interest cannot be waived . [S. 234B , 234C ]

S. 222 : Collection and recovery – Certificate to Tax Recovery Officer – Recovery officer can enforce personal attendance of defaulter – High Court rejected the petition on the ground that the assessee had not co-operated in the assessment proceedings. Hence even if the summons under rule 83 were illegal, the conduct of the petitioner disentitled him to any relief. [ Second Schedule , R. 73, 83 , Art .226 ]

S. 220 : Collection and recovery – Stay of demand- Assessee deemed in default –Order confirmed by CIT (A) – Discretion of revenue to grant stay subject to deposit of specified percentage of disputed Amount — Assessee cannot insist on such percentage – Recovery of amount before expiry of period of limitation prescribed for filing an appeal before the Tribunal is held to be valid. [ S. 225,226, 253(3) ]

S. 153C : Assessment – Income of any other person – Search – Search took place prior to date of amendment- Burden is on department to prove seized documents belonged to assessee — Statement of searched party containing information relating to assessee- Documents are not belonging assessee- Wrongly assumed jurisdiction- No question of law . [ S. 68 ,132(4) ]

S.147: Reassessment —Change of opinion- Information was furnished in the original assessment proceedings -Reopening of assessment on same issue amounts to change of opinion hence untenable — Amounts To Change Of Opinion and untenable. [ S. 148 ]

S. 147 : Reassessment -Bogus purchases – Manufacture of diamonds – Information received from Director (Inv)- Statement of searched party – Not discharging the burden – Natural justice -No prayer was made by the assessee before the Assessing Officer to summon Pravin Jain for his cross-examination- Reassessment is held to be valid.-On merit the Tribunal confirmed the addition of 15% of alleged bogus purchases .[ S.10AA, 132(4) , 148 ]

S. 147 : Reassessment- Change of opinion- Export receivables could be written off during the pendency of the application for approval from the Reserve Bank of India- Claim of bad debt was allowed after scrutiny – Reassessment is held to be not valid .[ S. 36(1)(vii) ,148 ]