S. 254(1): Appellate Tribunal – Power of enhancement – Tribunal has no power of enhancement .
S. 254(1): Appellate Tribunal – Power of enhancement – Tribunal has no power of enhancement .
S.254(1) : Appellate Tribunal – Powers – No power to give any directions with respect to an assessment year not covered by the appeal. [ Indian Income-tax Act, 1922, S.33(4) ]
S. 254(1): Appellate Tribunal – Powers – Tribunal has jurisdiction to decide a question of law raised for the first time before it.
S. 254(1) : Appellate Tribunal – Duties – Even where the appellant does not appear on the date of hearing, appeal has to be decided on merits. [ Indian Income -tax Act , 1922 S, 33(4) , Appellate Tribunal Rules, 1946, Rule 24 ]
S. 252 : Appellate Tribunal – Court – Ministry of law and justice – Judicial autonomy – Central Government cannot confer upon itself statutory power of transfer and posting of members of Income Tax Appellate Tribunal. [ S.255 ].
S. 252 : Appellate Tribunal – Power of Law Secretary – Power is confined to administrative supervision – Law Secretary has no jurisdiction to interfere with the judicial functioning of the Tribunal. [S. 254, Contempt of Courts Act, 1971, S. 2 ]
S. 251 : Appeal – Commissioner (Appeals) – Powers – Additional grounds can be raised during the course of appellate proceedings in respect of claims not made before Assessing Officer during the course of assessment proceedings.
S.246A : Appeal – Commissioner (Appeals) – Appealable orders – Denial of liability to pay interest under section 139(8) and 215 of the Act can be challenged in appeal – waiver or reduction of such interests are not appealable orders [ S.246(c)]
S. 245N : Advance rulings – AAR Rulings can be challenged but not directly in the Supreme Court. [S. 245S, Constitution of India-Arts. 136, 226, 227]
S. 245C : Settlement Commission – Application for settlement of cases – Undisclosed income – full and true disclosure – Revising the application during the course of proceedings is not permissible. [S. 245D(4)]