S. 263 : Commissioner – Revision of orders prejudicial to revenue -Residence in India –Amendment to S.6(6)(a) has been brought into effect from 1-4-2004; which is not applicable for the Asst year 2003-04- Judgement of Supreme Court is binding on Assessing officer -Revision is held to be bad in law .[S.6(6)(a) ]

S. 260A : Appeal – High Court –No satisfactory reason has been provided for delay of 439 days in filing an appeal – Pendency of rectification application before Tribunal cannot be the reason for codonation of delay .[ S.254(2)]

S. 260A : Appeal – High Court –Monetary limits- CBDT Circulars continue to bind revenue and if they contain any conditions, whether such conditions are attracted or not would have to be proved and established by revenue; mere raising objection in terms of Circular would not be enough. [S.119]

S. 260A : Appeal – High Court – Question of matching concept which was never argued before the Tribunal nor raised before the High Court, cannot be argued first time before the High Court. [S.28(i)]

S. 251 : Appeal – Commissioner (Appeals) –Powers- Doctrine of merger- Powers –After filing an appeal the assessee filed revision application- Despite the revisional order being passed the Commissioner (Appeals) decided the same issue- Once revision petition was filed and decided, it was not open to Commissioner (Appeals) to decide appeal on same issue. [S. 264 ]

S. 245D : Settlement Commission –Revenue cannot compel the Settlement Commission to reopen the earlier years by passing rectification order- Petition is dismissed. [S. 154,245C]

S. 237 : Refunds –Annulment of assessment -Only tax paid by assessee in excess of what was declared by it on its own in return of income would be entitled to be refunded [ S.4(1), 140A(3), 158BD, 240(b), 244]

S. 234B : Interest – Advance tax – Sale proceeds were deposited in a ‘No Lien’ account with bank as per direction of BIFR – Assessee could not remit tax within time as amount received from sale proceeds were lying with bank –Rejection application for waiver of interest I held to be not justified- Directed the Commissioner to pass the order on merits. [ S.220(2)]

S. 226 : Collection and recovery -Stay- Pendency of Appeal before – Commissioner (Appeals) –CIT(A) granted stay on condition of 50% of tax in dispute- Single judge reduced to 20% of tax in dispute –On appeal considering the assessee being a co-operative bank , stay is granted by paying 1 % 0f tax in dispute. [ S.68, 249]

S. 226 : Collection and recovery – Modes of recovery –Co-operative societies -Cash credits- Direction to deposit 50% of tax in dispute is reduced to 20% and directed the CIT(A) to expedite the hearing. [S.68, 80P]