S. 271(1)(c) : Penalty–Concealment–Quantum deleted-Levy of penalty was quashed.
S. 271(1)(c) : Penalty–Concealment–Quantum deleted-Levy of penalty was quashed.
S. 271(1)(c) : Penalty-Concealment-Excess stock–Deletion of penalty and also quantum of addition is held to be valid. [S. 145]
S. 263 : Commissioner-Revision of orders prejudicial to revenue–On money-Order passed by the AO after detailed enquiries-Revision is held to be bad in law. [S. 69]
S. 260A : High Court-Question of law-Reassessment-Book profit– Provisions-High Court was not justified in dismissing appeal on ground that appeal did not Involve any substantial question of law and case was remanded to High Court for deciding revenue’s appeal afresh on merits in accordance with law after framing substantial question of law in accordance with law. [S. 115JB, 147, 148]
S. 254(2A) : Appellate Tribunal–Stay–Stay of demand would not stand vacated after expiry of a period of 365 days, if delay in disposal of appeal was not attributable to assessee. [S. 254(1)]
S. 245D : Settlement Commission – Passing of order u/s 245D(3) is the discretionary of the Settlement Commission – Revenue cannot insist that the Settlement Commission must pass the order before proceeding further under S.245D(4) of the Act. [S.245D(2)(C), 245D(3), 245D(4)]
S. 237 : Refunds–Mismatch-Department cannot withhold refund payable to assessee on the ground that the computer system could not rectify the error–Directed to release the refund.
S. 234B : Interest-Advance tax–Non-resident-,Entire tax was to be deducted at source -Not liable to pay interest for failure to pay advance tax.
S. 226 : Collection and recovery-Stay–Pendency of appeal before CIT (A)- Similar addition was decided in favour of other assessee by the CIT(A) -AO cannot direct the Assessee to deposit 20 percent of tax demanded. [S. 246A]
S. 220 : Collection and recovery–Stay-Pendency of appeal before CIT( A) – AO cannot proceed mechanically in calling upon assessee to remit 20 per cent of demand without examining appropriateness of facts and circumstances of case- Order was set aside. [S. 132, 153A, 220(6)]