S. 4 : Prohibition of the right to recover property held benami-Fiduciary capacity – Purchase of property in the name of trustworthy employee–Trail Court rejected the suit to recover the property on the ground that suit was barred–Matter restored back to Trial Court decide on merits. [Civil Procedure Code, 1908, Order VII Rule 11(d)]
S. 2(9) : Benami transaction–Person making contribution for purchase of property are not owners of property but property in law is of persons in whose name title with respect thereto has been recorded. [S. 4]
S. 2(9) : Benami transaction- Defining expressions fiduciary capacity and trustee, it is not as if any vested right existing under earlier provisions of section 4(3) is taken away. [S. 4(3)]
S. 271(1)(c) : Penalty–Concealment–Quantum deleted–SLP is pending–Deletion of penalty is held to be valid. [S.11, 12AA]
S. 260A : Appeal-High Court–Delay of 507 days-Part time employee –Ex employee not filed the affidavit–Delay was not condoned.
S. 245C : Settlement Commission-Procedure-Opportunity of hearing- Commissioner (DR) could not be given an opportunity of hearing at time of consideration of application for settlement at the stage of admission. [S. 245D(1), 245D (2C)]
S. 244A : Refund–Interest on refunds–There was no reason attributable to assessee which delayed its refund claim-Interest on refund was payable from beginning of relevant assessment year.
S. 239 : Refund–Limitation–Due to inadvertent mistake of Chartered Accountant claim refund of TDS was not made with in limitation period- Delay was condoned–AO is directed to verify the claim and grant refund.[S. 119(2)(b)]
S. 234B : Interest-Advance tax-Sub-section (2A) to section 234B introduced by the Finance Act, 2015 is not retrospective and would be applicable to all proceedings in which orders are pending and/or in which orders under section 245D(4) are passed on or after 1-6-2015. [S. 234B(2A), 245D(4)]
S. 153 : Assessment–Reassessment–Limitation–Revision- Revisionary powers could be exercised by Commissioner in all cases where assessment was made and once he exercised his revisionary powers then provisions of section 153(2A) would be applicable and, limitation would be one year from date of order being passed by Commissioner in revision petition. [S. 153(2A), 153B, 153C, 263]