S. 281B : Provisional attachment–Search-Attachment of bank accounts and two immoveable properties-Tax, interest penalties were unlikely to exceed attached two immoveable properties-Directed to lift provisional attachment on bank accounts. [S. 132]
S. 281B : Provisional attachment–Search-Attachment of bank accounts and two immoveable properties-Tax, interest penalties were unlikely to exceed attached two immoveable properties-Directed to lift provisional attachment on bank accounts. [S. 132]
S. 281 : Certain transfers to be void–Attachment of property to recover the tax–Direction of TRO to hand over possession of property is stayed-Assessee directed to appear before TRO and adduce necessary evidence for discharging the liability. [Art. 226]
S. 271(1)(c) : Penalty–Concealment–Sale of good will and Trade of firm is held to be taxable as capital gain-Deletion of penalty is held to be justified.[S. 28(i), 45]
S. 260A : Appeal-High Court–Dismissal of revive petition is held to be valid–Order of Appellate Tribunal is affirmed in absence of demonstrated perversity in the order of Tribunal its finding. [S. 254(1)]
S. 260A : Appeal-High Court–Recalling of its earlier judgment on ground that it contained some factual inadvertent error and judgements relied on without giving an opportunity to the petitioner–Held to be valid. [S. 179]
S. 260A : Appeal–High Court-High Court disposed of appeals against order of reassessment merely on basis of its decision on issue of registration under S. 12A and not on merits-Order was to be set aside and, appeals were to be restored to file of High Court for disposal on merits. [S. 12A, 147, 148]
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–The order passed under section 254(2) cannot be rectified nor amended by invoking sub-section (2) of section 254 once again-Repetitive applications under section 254(2) of the Act are not permissible. [S. 254(1)]
S. 251 : Appeal-Commissioner (Appeals)–Powers–Stay-Order of CIT(A) rejecting the stay application is set aside. [Art. 226]
S. 234B : Interest-Advance tax–Levy of interest is held to be justified-Except on income which arose from retrospective operation of any statute, decision, etc., because in those type of cases, assessee was unable to know and assess his income and pay advance tax.[S. 234C]
S. 220 : Collection and recovery-Assessee deemed in default- Stay-Recovered 38% of disputed tax amount-No special circumstances pointed out to permit revenue to carry out full recoveries–Pending disposal of appeal further recovery proceedings were stayed.