S. 276CC : Offences and prosecutions-Failure to furnish return of income – Superior authority can also sanction prosecution–Imposition of penalty under Section 271F by AO not a pre-requisite for sanctioning prosecution –MD and other directors equally responsible for non-fling of return and hence other directors are also at default. [S. 271F, 278BB, 279]

S. 260A : Appeal-High Court-Maintainability-Small tax effect—the “tax effect” is much less than Rs. 20,00,000 for all the assessment years taken together and no material on record to show that the present appeals filed by the Revenue have any cascading effect—Therefore, the appeals are dismissed as withdrawn.

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record – Non consideration of case laws cited by Assessee during the hearing by Tribunal-Impugned order passed by the Tribunal dismissing the Assessee’s Miscellaneous Application as well as the Appellate order are set aside. [S. 254(1)]

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record–Transfer of income where there is no transfer of assets – Clubbing of income–Tribunal’s original order requires no rectification as it also considered reasoning of CIT(A) who took note of all the judgements relied by Assessee. [S. 60, 63]

S. 254(1) : Appellate Tribunal-Duties-Co-operative societies-Tribunal while considering the issue of deduction under S. 80P(2)(a)(i) to Assessee suddenly shifted to Section 80P(4) and held that the assessee is not entitled for the benefit of S. 80P(4) without providing an opportunity to the Assessee- Order of Tribunal s set aside. [S.80P(2)(a)(i), 80P(4)]

S. 234 B : Interest-Advance tax-Interest is chargeable at the rate provided under S.234B(3) of the Act on the differential tax payable on reassessment – as even before the regular assessment the tax paid under S. 140A was returned with interest and Department did not have any benefit of the amounts. [S. 140A, 234B(3)]

S. 226 : Collection and recovery -Arrest and Detention- Since the detenue did not co-operate with IT Dept in any manner and the TRO has followed all the due procedure before his arrest, there was no need to produce Assessee before the Magistrate and no violation has been made under Art. 21 of the Constitution of India – Writ of habeas corpus is dismissed [R. 73, 76, CRPC, S. 57, Art. 21]

S. 220 : Collection and recovery-Assessee deemed in default-Time available for filing appeal-Interim protection granted to the petitioners shall continue till the stay petitions in the tax case appeals are heard- During appeal time, if recovery proceedings are initiated, it would virtually render the appeal as infructuous.[S. 260A]

S. 201 : Deduction at source – Failure to deduct or pay –Remand matter – Tribunal being final fact finding body ought to have looked into facts of present case rather making a remand basis Supreme Court’s decision- Appeal of the revenue is partly allowed. [S. 271C]

S. 184 : Firm–Registration-Firm-Assessment as a firm-Failure to file certified copy of partnership deed along with return – There is no change either in the constitution or in the shares of the partners–S. 184(3) allows the status/benefit of being assessed as a partnership firm if in an earlier assessment it was so assessed–Hence, the firm would continue to be assessed as a partnership firm in the subject assessment year despite not filing the certified partnership deed with the return of income filed.