S. 264 : Commissioner-Revision of other orders-Not submitted any satisfactory explanation regarding the discrepancy at the time of assessment proceedings or at the time of penalty proceedings-Contention that only GP should be added to income was not accepted-Order of single judge rejecting the petition under section 264 against concealment penalty was affirmed.[S. 271(1)(c), Art. 226]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Accrual of income-Holiday scheme-Refund not only advance but also surrendered value in case of non-utilization of scheme-Incurred liability and no income accrued to assessee on receipt of advance-No claim was made by the Department in the Corporate Insolvency Resolution Process proceedings-Order of High Court affirming the order of Tribunal is affirmed-SLP of revenue dismissed. [S. 4, 5, Art. 136]

S. 245 : Refunds-Set off of refunds against tax remaining payable-
Discharged 20 per cent of the tax demand-Entitle to stay-Pendency of rectification application-Respondent is directed to dispose of the refund application filed by the assessee and grant refund of Rs. 3,000,0000 along with interest. [S. 154,246A, 250, Art. 226]

S. 244A : Refunds-Interest on refunds-DTAA-India-Mauritius—Interest income-Specific approval of Government— Foreign lender’s eligibility under DTAA having been established through supporting documentation, no further separate approval under S. 195(2) or S. 197 was required. Revenue directed to refund 5 per cent TDS amount deposited by assessee along with applicable interest under S. 244A.[S.90(2), 194LC(2)(ia),195(2) 197,Art. 11(2)]

S. 244A : Refunds-Interest on refunds-Limitation— for assessment year 2012-13, assessment order was passed on 31.01.2017 for the AY. 2012-13-Order giving effect to ITAT order was passed beyond prescribed three months under section 153(5) on 23.08.2023-Order was time-barred-Single judge is justified in direction for refund with interest under section 244A(1)(b) and 244A(1A). [S.153(5),153(9), Art. 226]

S. 194H : Deduction at source-Commission or brokerage-Agreement with ADPL to develop a plot of land-Association of person (AOP)-Payment was principal to principal basis-Not commission or brokerage-Not liable to deduct tax at source-Order of Tribunal affirmed. [S.133A, 201(1) 201(IA), 260A]

S. 158BD : Block assessment-Undisclosed income of any other person-No recording of satisfaction-Office note cannot be considered as recording of satisfaction-Order of Tribunal quashing the assessment order is affirmed by High Court.[S.132, 158BC, 260A]

S. 154 : Rectification of mistake-Mistake apparent from the record-Designated authority-Certificate in Form 5 was issued–Scope of section 154 was limited to amend any order passed by Assessing Officer under provisions of Income-tax Act, 1961 and it would not be extended to sit over order passed and declaration issued by designated authority under section 5 of DTVSV Act-Order passed by Assessing Officer under section 154 was set aside [S.132(IA), Direct Tax Vivad se Vishwas Act, 2020 Form No 5, Art. 226]

S. 153B : Assessment-Search-Time limit-Proceedings initiated under section 153C-No question of transfer of records seized-Time limit provided by first limb of clause (ii) of third proviso to section 153B(1) shall apply-12 months from end of financial year in which search took place-Time barred-Order quashed.[S. 132, 153C, Art. 226]

S. 153 : Assessment-Reassessment-Limitation-Tribunal, by order dated 31-3-2015, remanded matter to Assessing Officer for de novo consideration-Fresh assessment, as directed by Tribunal, ought to have been completed on or before 31-3-2017 as per sub-section (7) of section 153, as amended by the Finance Act, 2016-Notice dated 6-11-2020 issued by Assessing Officer was barred by limitation. [S. 153(6), 153(7), 254(1), Art. 226]