S. 254(1) : Appellate Tribunal-Powers-Tribunal has jurisdiction to allow Department to raise new ground and remand matter to Transfer Pricing Officer for enquiry and action. [S. 92C]
S. 254(1) : Appellate Tribunal-Powers-Tribunal has jurisdiction to allow Department to raise new ground and remand matter to Transfer Pricing Officer for enquiry and action. [S. 92C]
S. 245D : Settlement Commission-Settlement of cases-Advance tax-Interest-Income earned from abroad-Levy of interest is held to be not valid. [S. 192, 201(IA), 234A, 234B, 245D(4), Art. 226]
S. 245D : Settlement Commission-Powers-Rectification of order-Interest under section 234B cannot be levied by passing rectification order-Advance tax-Waiver of interest-Entitled to reduce tax deductible or collectible at source while computing its advance tax-Interest on account of shortfall in payment of advance tax not leviable on such income-Assessments prior to Financial year 2012-13-Subsequent notification of Board will not affect consideration of applications pending on merits-Law prevailing on date of application applies.[S. 234A, 234B,234C, 245C, 245D(4),245F(1), General Clauses Act. 1897, S. 6, Art.226]
S. 245D : Settlement Commission-Settlement of cases-Order Passed by Settlement Commission bereft of reasons-Unsustainable-Order set aside and matter remanded to interim Board for passing speaking order. [S.245AA, 245D(4), Art. 226]
S. 245 : Refunds-Set off of refunds against tax remaining payable-Prior intimation to assessee mandatory. [Art. 226]
S. 244A : Refunds-Interest on refunds-Reduction in income on Recomputation-Interest claimed does not tantamount to interest on interest-Obligation of department to grant interest. [S. 2(28A), 143(3), 154, 220(2), 234D(2), 244A(1)(b)]
S. 241A : Refunds-Withholding of refund in certain cases-Mere issue of notice under Section 143(2) not a ground for withholding refund-Entitled to refund with interest till date of refund of amount withheld except tax payable on disputed amount. [S. 10AA, 115JB, 143(2), 241(1), Art.226]
S. 234B : Interest-Advance tax-Non-Resident-Waiver of interest-Not liable to pay interest. [S. 234C, Art. 226]
S. 220 : Collection and recovery-Assessee deemed in default-Interest on interest-Incorrect declaration of income-Liable to pay interests. [S. 139, 220(2) 234A, 234B, 234C, Art. 226]
S. 220 : Collection and recovery-Assessee deemed in default-Recovery of tax-Attachment and sale of immovable property-contents of proclamation-Reserve price-Auction of property-The auction notice clearly stated that the terms and conditions of the proposed auction could be downloaded from the website of the Income-tax Department or collected from the office of the Tax Recovery Officer-No violation-Order of attachment is valid. [S. 226, Rule 53 of Second Schedule Art, 226]