S. 242 : Refunds – HUF – Delay due to rectification of errors in certificate tax deduction at source- Return should have been treated a valid return and other consequences will follow [ S. 119(2), 239 ]
S. 242 : Refunds – HUF – Delay due to rectification of errors in certificate tax deduction at source- Return should have been treated a valid return and other consequences will follow [ S. 119(2), 239 ]
S.241: Refunds-Power to with hold in certain cases- Non granting of refund citing issue of notice u/s 143(2) was held to be not valid [ S. 143(1) ,143(2) 143(3) ]
S. 237 : Refunds – Assessing Officer was directed to consider and process assessee’s representation and dispose of same as expeditiously as possible and refund could not be denied/withheld merely because issuance of notice under section 143(2) [ S. 143(1) 143(ID), 143(2)]
S. 234B : Interest – Advance tax -Book profit – Interest shall be payable for failure to pay alternative Minimum tax [ S.115JC ]
S. 234B : Interest – Advance tax -Assessment order was set aside and refund of advance tax was granted ,interest could not be levied .
S. 234A : Interest – Default in furnishing return of income –Waiver of interest- Rejection of application was held to be valid [ S. 40(a)(ia) , 234B, 234C ]
S. 234A : Interest – Default in furnishing return of income – Waiver – Capital gains – Circular only guideline having no overriding effect on statutory provision — Rejection of application for waiver of interest by Chief Commissioner was held to be proper . [ S. 45, 119 (2) , 143(1) (a) ]
S. 226 : Collection and recovery – Stay- PCIT & ACIT directed to pay personal costs for filing frivolous writ petition to challenge ITAT stay order.[ S. 220, 222,254(2A) ]
S. 226 : Collection and recovery – Stay of proceedings – Deduction at source – Appeal pending before CIT(A)- Refusal to extend stay merely because the assessee had funds was held to be not proper , when the Board has given instructions that stay must be granted on paying 15% of tax in dispute when appeal is pending before CIT( A) .Assessee has paid 38% of demand [ S. 225 ]
S. 226 : Recovery – Attachment of property – Settlement Commission’s order itself was not conclusive until the request, was dealt with and disposed of order had not attained finality, particularly in the light of the application filed by the assessee. The sale was not barred by limitation. [ S.245C, 245D(4) ,245I, Rule 68B of Schedule II ].