S. 264 : Commissioner-Revision of other orders-Fringe Benefits Tax-Claim for refund based on order of Tribunal-Commissioner bound by circular-Limitation does not apply to CBDT for passing order u/s 119-Principle of fairness and reasonableness is constitutional mandate-CBDT is directed to entertain the application for grant of refund. [S. 115WD(4), 119,Art, 14, 164]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Carry forward of loss-Acceptance of claim Of without application of mind to material on record-Revision of order setting aside the Assessment order is held to be justified. [S. 37(1), 72]

S. 260A : Appeal-High Court-Remand to Tribunal by High Court-Block assessment-Limitation-Question of limitation can be raised before the Tribunal in remand proceedings-Matter remanded to the Tribunal. [S. 132, 158BC, 254(1)]

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Duty of Tribunal to decide on merits-Dismissal of first application for restoration was dismissed for non-prosecution-Dismissal of second application by invoking amendment-Dismissal was held to be not Valid-Appeal restored to original position [ITATR,1963, 24, Art. 226]

S. 254(1) : Appellate Tribunal-Powers-Power to remand must be exercised judicially-Order of Tribunal is affirmed. [S. 260A]

S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits-Tribunal was directed to restore the appeal and decide on merit. [S. 253, ITAR, 1963, R 24, Art. 265]

S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits. [S. 253, ITAR 1963, R. 24]

S. 254(1) : Appellate Tribunal-Duties-Tribunal is not justified in deleting the addition without assigning reasons-Order of Tribunal is set aside.

S. 245D : Settlement Commission-Jurisdiction-Power-Search and seizure-Order of penalty consequential to search-Assessment and penalty are part of same proceedings-Levy of penalty by the Assessing Officer is held to be not valid-Order levying the penalty was quashed. [S. 132, 133A, 153A, 245A(b), 245C, 269ST, 271DA Art. 226]

S. 226 : Collection and recovery-Modes of recovery-Attachment of property-Sale proclamation-Appeals pending before appellate authorities-Stay was granted by paying 15 Per Cent. of demand and expenses incurred by Department for newspaper notifications-Proceedings was kept abeyance for a period of five months. [Art, 226]