S. 2(12) : Beneficial Owner-Provisional attachment-Return of money on cancellation of order–Appellant cannot be held to be beneficial owner – Attachment of bank account was set aside. [S. 2(9), 24]
S. 2(12) : Beneficial Owner-Provisional attachment-Return of money on cancellation of order–Appellant cannot be held to be beneficial owner – Attachment of bank account was set aside. [S. 2(9), 24]
S. 271D : Penalty–Takes or accepts any loan or deposit-Otherwise than by account payee cheque or account payee bank draft– Journal entries–Transaction bonafide–Not liable penalty.[S.269SS, 269T].
S. 268A : Appeal–Low tax effect-Entire tax effect being less than a sum of Rs. 2 lakhs, appeal filed by revenue was dismissed. [S.260A]
S. 254(1) : Appellate Tribunal–Powers-Remand to CIT(E) is held to be proper. [S.12A, 80G(5)]
S. 252 : Appellate Tribunal–Members–Qualification–Appointment-Process of selecting only few applicants for purposes of interview, while rejecting others without any intelligible differential being applied in classification was not discriminatory and violative of article 14 of Constitution. [Income-Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules, 1963, R. 4]
S. 244A : Refund–Interest on refunds–Claim was made first time before Tribunal-Claim was allowed in remand proceedings by CIT (A)-Refund order was not delayed for any period attributable to assessee, Tribunal is justified in allowing interest to assessee. [S. 244A(1)]
S. 234B : Interest-Advance tax–Book profit-Failure to deposit advance tax in respect of tax payable under section 115JB, matter required an in-depth hearing and, therefore, appeal be listed as per its turn. [S. 115J]
S. 222 : Collection and recovery-Certificate to Tax Recovery Officer -Attachment order by tax recovery officer-Writ is held to be not maintainable-Directed to make claim before Tax recovery Officer. [Second Schedule, R. 11, Art. 222]
S. 222 : Collection and recovery-Certificate to Tax Recovery Officer–Warrant of arrest–Issue of warrant of arrest without issuing show cause notice is did not fulfil requirements prescribed under rule 73(1) of Schedule II of Act-Held to be y ultra vires and quashed. [Schedule II, Rule 73(1)]
S. 220 : Collection and recovery-Assessee deemed in default–Stay–Rejection of stay application and directing to pay 20 percent of demand, without application of mind is held to be bad in law. (Art. 226]