S. 281B: Provisional attachment-Draconian provision; the minimum requirement is to afford an opportunity to the assessee to make payment in terms of CBDT Office Memorandums, and no presumption can be drawn that the assessee would not make payment-The attachment order was set aside with direction to the assessee to deposit 20 per cent of provisionally assessed demand within one week. [Art.226]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Prosecution was directed to produce original documents for inspection during cross-examination-The cost of Rs. 5,000/-imposed by the Trial Court is set aside [S. 277, IPC 191, Indian Evidence Act, S.78, Diplomatic and Consular Officers (Oaths and Fees) Act, S. 3, CRPC, 480]

S.270AA: Immunity from imposition of penalty,etc-Penalty for under-reporting and misreporting of income-Authority could not have proceeded to reject the application under Section 270AA before taking a final decision on imposition of penalty under Section 270A-The order was set aside with direction to the authority to consider objections and then take a final decision both on requisites under Section 270A and Section 270AA. [S.270A, Art. 226]

S. 270A: Penalty for under-reporting and misreporting of income-Commissioner-Revision of other orders-The assessee has discretion to either file an appeal under section 246A against an appealable order or to apply for revision under section 264. Therefore, where the assessee filed revision under section 264 against penalty order passed under Section 270A, and Commissioner summarily rejected revision without assigning reasons, said order was unsustainable-The penalty order was quashed and set aside. [S. 36(1)va), 143(1)(a), 143(3), 153A, 264(4), 271(1)(c), Art. 226]

S. 270A: Penalty for under-reporting and misreporting of income-Notices were not served-Violation of principles of natural justice-Proceedings were quashed and the assessee was to be granted liberty to submit reply to notice issued under section 143(2).[S. 143(2), 272A(1)(d), Art. 226]

S. 268A : Appeal-Instructions-Circulars-Monetary limits-Commissioner-Revision of orders prejudicial to revenue-Appeal of revenue was dismissed. [S. 260A, 263]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Capital gains-Long-term capital gains-Sale of unlisted shares-Order of Tribunal quashing the revision order is affirmed.[S. 45, 260]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Revenue expenditure-Advance subscription from a non-resident shareholder towards rights issue, which was later treated as external commercial borrowing (ECB)-Foreign exchange fluctuation loss-Brand Development Expenses-Findings of the Assessing Officer were neither prejudicial to the interest of revenue nor an erroneous judgment-Revision order is quashed and set aside-Order of Tribunal quashing the revision order is affirmed.[S. 37(1), 260A]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Acquired leasehold/freehold land and building from a company pursuant to an agreement for sale-Certain deductions only on actual payment-High Court affirmed the Order of the Tribunal quashing the revision order-SLP of revenue was dismissed. [S.43B, 56(2)(x), 143(3), Art.136]

S. 260A : Appeal-High Court-Additional evidence-Amalgamation-Non-existing entity-Additional evidence admitted-Assessment was quashed-SLP of revenue dismissed [S. 143(3), 254(1), Code of Civil Procedure, 1908, Order 41, Rule 27, Art. 136]