S. 263: Revision by Commissioner – Assessment order is neither erroneous nor prejudicial to the interests of the Revenue when two views are possible – two views should exist at the time when the revision order is passed [ S.80HHC ]
S. 263: Revision by Commissioner – Assessment order is neither erroneous nor prejudicial to the interests of the Revenue when two views are possible – two views should exist at the time when the revision order is passed [ S.80HHC ]
S.262: Appeal to Supreme Court – New ground relating to same issue allowed to be raised for the first time – Pure question of law
[ S.43B , West Bengal Excise (Manufacture of Country Spirit in Labelled and Capsuled Bottles) Rules, 1979 , R .6 ]
S.261 : Appeal to Supreme Court – Doctrine of merger – Dismissal of special leave petition – Dismissal of Appeal – Grant of interest free loan or loan at a concessional rate of interest does not result in benefit or perquisite to the employee [S. 17(2) 40A(5), Constitution of India , Art, 133, 136 ]
S.260A : Appeal to High Court – Before pronouncing judgment the substantial question of law must be formulated – If the High Court is of the view that an appeal also involves any other substantial question of law other than that formulated earlier, it should for reasons to be recorded, first formulate the question and then hear the same – amount received towards non-compete covenant is a capital receipt not chargeable to tax [ S.4 , 28(ii)(a), 260A(4) , Code of Civil Procedure, 1908, S.100 ]
S. 254(2) : Appellate Tribunal – Rectification of mistake apparent from record – Not considering the decision of a co-ordinate Bench of the Tribunal is a mistake apparent from records.
S. 254(2) : Appellate Tribunal – Rectification of mistake apparent from the record – Effect of not considering decision of Jurisdictional High Court / Supreme Court
S. 254(2) : Appellate Tribunal – Rectification of mistake apparent from the record – Non consideration of paper book filed is a mistake apparent from the record – Direction to hear the appeal afresh considering the documents already filed in the paper book
S. 254(1) : Appellate Tribunal – Precedent – Judicial discipline demands that subordinate authorities shall accept the decisions of Tribunal as binding precedent [ Constitution of India , Art . 136 , Customs Act , 1962 ,S 17, 130E (b) ]
S. 254(1) : Appellate Tribunal – Duties – Precedent – Judicial discipline – Orders of the constitutional bench binding on subsequent bench – All courts and Tribunals shall follow the judicial discipline in letter and spirit [Customs Act , 1962 ,S,. 25, 130E (b) . Central Excise Act, 1944 , S. 35]
S. 254(1): Appellate Tribunal – Power of enhancement – Tribunal has no power of enhancement .