S. 269K : Acquisition of immoveable property–Deposit– Compensation-Acquisition by and vesting of property in Income-Tax Department In 1978-Deposit of compensation in Court-Petitioners’ right to property ousted in civil suits-Additional District judge finding petitioners had no title to property and not entitled to compensation-Source of compensation payment/deposit irrelevant. Writ is held to be not maintainable–Cost of Rs.25,000 was imposed. [S. 269(F(6), 269-I, Art. 226]

S. 268A : Appeal–Monitory limit-Tax effect is less than one crore-Appeal is not maintainable. [S. 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital or revenue–Expenditure incurred on CDs-Allowed as revenue expenditure-Plausible view–revision is held to be not valid-Order of Tribunal is affirmed. [S. 37(1)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue – Order passed by the AO under direction of dispute Resolution Panel can be set aside-Alternative remedy–Writ to quash the notice u/s 263 is held to be not maintainable. [S. 144C, Art.226]

S. 260A : Appeal-High Court-Review–Mistake apparent from the record – Reappreciation of evidence and rehearing of case without there being any error apparent on the face of the record is not permissible. [S.22(3)(f), 220(2), 220(2A)

S. 254(2A) : Appellate Tribunal–Stay-Order of Tribunal to pay entire outstanding demand instalments were modified as the Tribunal did not record any finding that assessee had not made out a prima facie case and hardship. [S. 254(1), Art. 226]

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–Tribunal considering matter and passing order—No Obvious error–Protective assessment-Order cannot be rectified– Writ petition was allowed. [S. 158BC, Art.226]

S. 254(1) : Appellate Tribunal-Duties–Alternative grounds-Direction issued by ITAT could not be construed to be restrictive in nature thereby preventing AO to consider all grounds and more particularly, when ITAT had not rendered any finding on applicability of S.. 194C—Order passed by ITAT should be and shall be read as an open remand to AO to consider all issues that were pleaded by assessee before ITAT. [S. 194C]

S. 254(1) : Appellate Tribunal-Powers-Jurisdictional issue– Reassessment–CIT(A) has not decided–Deemed to have been decided against-Rule 27 of the Income Tax Tribunal Rules would entitle a respondent who has neither preferred an appeal nor cross objections to relief on a point decided in favour of the appellant by the lower appellate authority-Order of Tribunal, quashing of reassessment and also on merit is affirmed. [S.80IA, 147, 148, R. 27]

S. 251 : Appeal-Commissioner (Appeals) – Power of enhancement-Powers cannot be restricted only to issues raised in appeal before him-Enhancement is held to be valid.