S. 263 : Commissioner-Revision of orders prejudicial to revenue -Merger- Commissioner has no jurisdiction to consider matters considered by Commissioner (Appeals) in Appeal. [S. 2(15), 10(20), 11, 251]
S. 263 : Commissioner-Revision of orders prejudicial to revenue -Merger- Commissioner has no jurisdiction to consider matters considered by Commissioner (Appeals) in Appeal. [S. 2(15), 10(20), 11, 251]
S. 263 : Commissioner – Revision of orders prejudicial to revenue –Share capital at high premium- Directions and guidelines to Assessing Officer to inquire in regard to infusion of share capital at high premium—Revision order is valid-Application for adjournment of hearing was submitted two days after scheduled date of hearing—Principles of natural justice is not violated. [S.68, 119, Code of Civil Procedure 19089 O.IX R. 13]
S. 260A : Appeal – High Court – Question regarding limitation can be raised for first time Before High Court –Revision was held to be bad in law. [S. 80IB,153A, 251, 260A, 263]
S. 254(1) : Appellate Tribunal–Duties–Bogus purchases–Direction of CIT(A) was set aside by Tribunal-Recording of fact by Assessing Officer that supplier did not file return—Failure by Tribunal as final fact finding authority to consider facts—Matter remanded to Tribunal for fresh disposal. [S. 37(1), 133(6), 251]
S. 253 : Appellate Tribunal-Territorial jurisdiction-Assessee situated at Moga within jurisdiction of Amritsar Bench-Order passed by Appellate Tribunal at Chandigarh without territorial jurisdiction-Order is null and void-Matter to be sent to Amritsar Bench for disposal. [S. 254(1)]
S. 245C : Settlement Commission – Settlement of cases –Further disclosure of undisclosed income during settlement proceedings — No full and true disclosure of undisclosed income — Not entitled to Settlement-Assessee was granted liberty to file an appeal within thirty days from the date of receipt of a copy of the judgment of the court in the writ appeal. [S. 245D]
S. 192 : Deduction at source–Salary-Salary of teachers of Christian Institutions paid by State Government-Teachers paying their entire salaries to Church-Salaries not diverted at source by overriding title-State Government is bound to deduct tax at source on Salaries. [S. 15]
S. 158BE : Block assessment-Time limit-Limitation starts from date of last Panchnama—Search In March 2000-Panchnama in April 2000—Assessment order On 24-4-2002—Not Barred by Limitation. [S. 132, 132(3)]
S. 154 : Rectification of mistake-Fringe benefits tax-Assessing Officer enhancing assessable fringe benefits by passing rectification order- Held to be not valid. [S. 115WE(3)]
S. 154 : Rectification of mistake-Amount received as rent by assessee who was not owner of properties-Rent passed on to owners-Tribunal holding assessee was not liable to deduct tax at source on such rents-Plausible View-Rectification proceedings holding assessee liable to deduct tax at Source-Not justified.