S. 272A : Penalty — delay in filing statement of tax deducted at source — difficulties in initial stage of change from manual filing to electronic filing of returns – plausible explanation given – Levy of penalty is held to be not justified. [S. 200(3), 272A(2)(k), 273B]

S. 263 : Commissioner-Revision of orders prejudicial to revenue Revision-No specific query was raised by the AO regarding allowability of provision for gratuity and general reserve-Revision is held to be justified. [S. 40A(9)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Delay of 565 days is condoned-Voluntary offer of income in revised return-Dropping of penalty proceedings-Commissioner cannot substitute his view in revision proceedings for assessing officer view for dropping penalty. [S. 254(1), 271(1)(c)]

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Cash credits- Share capital- AO had made enquiry by seeking information from Switzerland Tax Authorities through proper channel of FT & TR division of CBDT, for exchange of information so as to verify identity, source of funds and creditworthiness of holding company and its promoters- Revision is held to be not justified. [S. 68]

S. 254(1) : Appellate Tribunal-Additional ground–validity of the assessment can be challenged at any time as it goes to the root of the matter and is a legal issue.

S. 254(1) : Appellate Tribunal—Duties-Additional ground- Validity of assessment is legal in nature–Admitted. [S. 153C]

S. 253 : Appellate Tribunal-Limitation-Delay of 285 days-No material prove bona fides attempts made in filing appeal, mere self-serving documents cannot condoned the huge delay-Appeal was dismissed. [S. 246A]

S. 246A : Appeal-Commissioner (Appeals)–Non filing of appeal in electronic form-Appeal cannot be dismissed on Technical grounds during changeover period.

S. 221 : Penalty—Failure to pay self-assessment tax—amendment prescribing mandatory charge of interest—Amendment does not envisage penalty for non-payment of self-assessment tax. [S.140A(3), 221(1)]

S. 153C : Assessment-Income of any other person-Search and Seizure—Issue of notice is mandatory-The amendment in S.153C by the Finance Act, 2017, with effect from April 1, 2017 to the effect that the block period for the person in respect of whom the search was conducted as well as the “other person” would be the same six assessment years immediately preceding the year of search was prospective in nature-Order is held to be bad in law. [S.132, 153B(1)(b)]