S. 271AAB: Penalty-Search cases-Period of limitation-Penalty initiated in the assessment order, which was carried in appeal to the Commissioner (Appeals) and the Tribunal-Limitation governed by section 275(1)(a) and not the residuary clause (c)-Penalty order passed within six months of receipt of the Tribunal’s order is within limitation. [S. 132(4), 275(1)(a), 275(1)(c), Art. 226]

S.270AA: Immunity from imposition of penalty-Application for immunity from penalty was rejected without considering the assessee’s contentions, or the reasons could not withstand judicial scrutiny and therefore is liable to be set aside. [S. 143(1), 270A(9), Art . 226].

S. 270A: Penalty for under-reporting and misreporting of income-Deductions claimed under binding High Court precedent subsequently overruled-Bona fide explanation and full disclosure-Assessed income not exceeding processed income-Penalty unsustainable-Ad-interim stay granted.[S. 270A(2), 270A(6), 264, Art. 226]

S. 264 : Commissioner-Revision of other orders-Condonation of delay-Revision filed nearly seven years after rejection of the rectification application uploaded on the portal-Institutional assessee expected to be diligent-No sufficient cause-Revision rightly rejected. [S. 10(25), 154, Art. 226]

S. 264: Commissioner-Revision of other orders-Exemption under section 11 denied due to inadvertent and bona fide punching errors in the return processed under section 143(1)-Assessee has the discretion to seek revision instead of appeal-Commissioner obliged to consider and grant relief even for an error committed by the assessee itself. [S. 11, 143(1), 154, 246A, Art. 226]

S. 264: Commissioner-Revision of other orders-Tax on long-term capital gains-Precedent-Principal Commissioner was bound to follow such decision and could not deviate on the ground of departmental non-acceptance-Revision order was unsustainable and set aside. [S. 45, 50, 112, Art . 226]

S. 264: Commissioner-Revision of other orders-Defective return-A declaration given under section 139(9) is clearly an order that is revisable under section 264. The order of rejection by the Commissioner was set aside. [S. 44AB,139(9) Art. 226]

S. 245D: Settlement Commission-Procedure-Rectification-Final order charging interest under section 234B only till the date of intimation under section 143(1)-Assessee paid the dues, and proceedings concluded-Commission has no power to invoke section 154 to levy additional interest till the date of the final order-Rectification order quashed. [S. 143(1), 154, 234B, 245D(4), Art. 226]

S. 245: Refunds-Set off of refunds against tax remaining payable-Conditional stay-Tribunal granted conditional stay allowing adjustment of only 20 per cent of demand out of refund, but respondents adjusted entire refund in violation of operative stay order, such action was illegal, and failure of Tribunal to direct refund of excess amount with interest was erroneous, necessitating setting aside impugned order to this extent and directing refund of excess amount with interest as per law.[S. 254(1), Art. 226]

S. 244A: Refunds-Interest on delayed payment of TDS-Date of tendering cheque to authorised bank constitutes date of payment-Rigidities of online portal cannot deny substantive justice-Refund with interest ordered. [S. 201, 220, Art. 226]