S. 237 : Refunds – Revenue to ensure that unblocked amount is paid and credited to assessee’s account and interest on refund to be paid till the date of payment not up to date of unblocking.
S. 237 : Refunds – Revenue to ensure that unblocked amount is paid and credited to assessee’s account and interest on refund to be paid till the date of payment not up to date of unblocking.
S. 234E: Fee-Default in furnishing the statements – Demand under S. 200A for computation and intimation for payment of fees under S. 234E could not be made in the purported exercise of power under S. 200A prior to June 1, 2015 – Matter remanded.[S.200A]
S. 226 : Collection and recovery – Stay -Proceedings cannot be initiated before expiry of period of limitation to file before the Tribunal ie 60 days from the date of receipt of order- Revenue cannot issue notice for recovery directly to Assessee’s bank without giving an opportunity to be heard – Appropriate direction for re-crediting the amount to Assessee’s bank account issued to the Revenue.[S.220(6) , 253 ]
S. 220 : Collection and recovery – Assessee deemed in default –Maintainability of Writ vis-à-vis fraudulent withdrawal from attached bank account – Conduct of the assessee disentitles it to any relief under Art. 226 of the Constitution of India.
S. 197 : Deduction at source – Certificate for lower rate -.Maintainability of Writ against cancellation of certificate –Assessee not stating all facts fully and truly and the suppression may have been on account of mistake as it would stand exposed on the other side having notice of the same – Petition allowed to be withdrawn as prayed by assessee and costs of Rs 75,000 to be deposited for filing fresh petition
S.154:Rectification of mistake -Intimation-Refund due to senior Citizen -AO ought to have granted the refund due to the assessee as per the order of CIT(A)- Before the Court the , Commissioner of Income tax assured that the refund along with interest will be granted with in six weeks . High Court recorded sincere appreciation for the proactive and sensitive manner in which the Commissioner of Income -tax has intervened to ensure that injustice caused to the assessee is addressed .[S. 143(1),237 ]
S. 153A : Assessment – Search or requisition –Search based on incriminating material and during search also certain documents relating to suppressed income not offered in tax return filed ,hence, it could not be said that the assessment are non-est-Reassessment beyond four years was held to be justified [ S.147, 149 ]
S.147: Reassessment-After the expiry of four years- There was an outside alien material which had later on come on record therefore reassessment was held to be valid .[S.148 ]
S. 132 : Search and seizure – Once warrant of authorization is issued against any person, then seized amount is required to be retained by Income-tax Authority – Department is entitle to retain cash till final conclusion of proceedings under the Act.
S. 119 : Central Board of Direct Taxes- Refund -Application for condonation of delay in filing return of income and claiming refund of TDS – PCIT rejected the application on merits of claim / extent of exemption and not considering the criteria required to be satisfied by assessee-Impugned order is set-aside to the file of PCIT for fresh disposal.[ S.237 ,264 ]