S. 4 : Charge of income-tax-Capital or revenue Receipt-Preoperative expenditure pending capitalization-Interest Earned from fixed deposits of unutilised foreign external commercial borrowing loans during period of construction-Interest capitalised in the books of account-Capital receipt-SLP of revenue is dismissed due to failure to explain satisfactorily condonation of delay of 699 days in filing SLP. [S. 28(i), 56, 145,Art. 136]
S. 56 : Income from other sources -Discretionary trust -Property -Interest from partnership firm and shares from unlisted company -Trust for the benefit of relatives of settler -Power with the trustees to add any persons or class of persons or charity as beneficiaries – Revision order on the ground that the Trust is not wholly benefit of beneficiaries – Amount of Rs 669 crores received by the Trust is assessable under Section 56(2)(x) of the Act – Tribunal held that the interest in firm falls in category of shares -Benefit is not restricted to the benefit of relatives of the settler -Amount received is chargeable to tax under section 56(2)(x) – Revision order is affirmed on law and merit. [ S. 56(2) (viid) , 56(2)(x) ,263 Indian Trust Act , 1882 ]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Review – Statutory dues like the Provident Fund and Employees State Insurance -Payments were made before due date of filing of return – Allowed by the Tribunal – Corporation – Not deposited before due date of respective Acts – Delay of 92 days in filing miscellaneous application- Tribunal allowed the miscellaneous application of the Revenue of the basis of Subsequent Judgement of Supreme Court in Checkmate Services Private Limited v. CIT (2022) 448 ITR 518 /290 Taxman 19 ( SC) – On writ against the order of the Tribunal allowing the miscellaneous application of the Revenue is quashed and set aside – Tribunal cannot review the order based on the subsequent decision of Supreme Court – Tribunal has no power to condone the delay in filing the miscellaneous application. [ S. 2(24)(x),36(1)(va ) 43B ,139(1), Art. 226 , Civil Procedure Code , 1908 , Order XLVII, Rule 1 . ]
S.147: Reassessment – After the expiry of four years – Amalgamation- Set off of loss – Book profit -Change of opinion – No failure to disclose material facts – Reassessment notice and order disposing the objection is quashed .[ S.115JA , 143(3) , 148 , Art . 226 ]
S. 132 : Search and seizure – Seizure of Jewellery – Release of seized assets -Bank guarantee – Matter pending for final adjudication- Belong to HUF or Karta – Directed to release the jewellery on furnishing of Bank Guarantee . [ Art . 226 ]
Direct Tax Dispute Resolution Scheme, 2016 , Finance Act, 2016
S. 204 : Time and manner of payment – Failure to deposit the tax beyond control of the assessee- Assessee was incapacitated from reasons beyond its control and power, writ of mandamus were to be issued that BCCI should pay tax and interest on behalf of assessee within 180 days .[ Art. 226 ]
S. 80IB: Industrial undertakings – Computation of deduction- Depreciation- Mandatory to deduct depreciation , though not claimed by assessee.[ S. 32 ]
Direct Tax Vivad Se Vishwas Act, 2020
S. 3:Amount payable by declarant – Time and manner of payment – Determined tax payable within 15 days of receipt of Form -3 – Requirement of paying an additional amount was informed to assessee only by communication dated 1-4-2022, long after extended date of 31-10-2021- Assessee should not have been denied benefits under DTVSV Act. [ S. 5 , Form No1 , Form No 3, Form No 4, Art. 226 [
S. 40(a)(ia): Amounts not deductible – Deduction at source -Agreement with co -owners of land for construction of complex – Allotment of area – Not contractor –Sub -Contractor- Not liable to deduct tax at source .[ S.80G , 194C ]
Article : 226 : Power of High Courts to issue certain writs-Rent-Rent in terms of CPWD revisions for period from 31-1-1994 to 30-6-2021-Single Judge took note of rent which was calculated according to recognized principles of valuation and there was no dispute which required any adjudication in matter, writ petition was maintainable and rightly entertained by Single Judge and directions issued therein deserved to be sustained. [Art. 226]