Advocates Act 1961

S.35: Punishment of advocates for misconduct – Appeal -Delay – Delay of 20 long years in filing second appeal could not be condoned on mere ground that counsel, who was representing appellant, did not inform her about outcome of litigation before lower authority- Cost of Rs 1000 was directed to be paid to the High Court Legal Services -Sub -Commit tee , Nagpur .

S. 271(1)(c) : Penalty – Concealment – Constitutional validity -Provision cannot be regarded as ultra vires of Constitution – Convention for Avoidance of Double Taxation between Union of India and other Sovereign Countries – DTAA -India – Japan .[S.90 , Art. 23, Art .226 ]

S. 268A : Appeal – Monetary limit- Audit objection- Reassessment – Assessment which was reopened on basis of audit objection- Revenue’s appeal would be covered by exception mentioned in Circular No. 3/2018 dated 11-7-2018 ( 2018) 405 ITR 29 (St) – Dismissal of appeal on ground of low tax effect is held to be not justified . [ S. 40A(3) , 148 ,254(1) ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Rejection of books of account and estimate of net profit – Estimate was reduced by CIT(A) and Tribunal- Revision order to verify unsecured loans and creditors -Issue which was not subject matter of appeal can be revised by the Commissioner- Revision order is held to be justified .[ S.69A , 145, 263 ( c )]

S. 254(2A): Appellate Tribunal –Stay- Power- Tribunal has the power to modify the stay order – Dismissal of stay application is held to be not justified on the ground that the Tribunal has no power to modify the stay order as the order is not passed u/s 254(1)- On facts only a part of interest amount is still remain unpaid rejection of application is held to be not justified . [ S.254(1), 254(2) ]

S. 148 : Reassessment – Notice – Notice issued in name of a dead person is not valid and liable to be quashed .[ S.147 , 159 ]

S. 69A : Unexplained money – Cash found – Residential premises of father-in-law- Addition cannot be made in the assessment of the assessee. [ S. 132, 132(4A, 153C, 292C ]

S. 37(1) : Business expenditure – Capital or revenue – Lease premises – Interior decoration – Capital expenditure – Depreciation is allowable. [ S.32 ]

S. 10 (23C): Educational institution- charitable trust – Entitle to exemption .[ S.2(15) ,10(23C)(iv) , 12AA ]

S. 279 : Offences and prosecutions–Sanction-Chief Commissioner –Wilful attempt to evade tax–Non-technical offence–False statement in verification- Reduction of penalty by CIT (A)-Prosecution cannot proceed–Compounding of offences-Application for compounding to be considered by committee specified in circular–DGIT has no jurisdiction to reject the application. [S. 119, 120, 276C(1), 273B, 277, 279(IA), 279(2), Art.141]