S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Review of order is not permissible-Rejection of application was held to be justified-No appeal lies under section 260A against an order rejecting application-Writ is only remedy. [S. 80IB, 260A, Art. 226]
S. 244A : Refund-Interest on refunds-Excess advance tax paid-Entitle to interest.
S. 220 : Collection and recovery-Assessee deemed in default-During pendency of appeal entire demand was recovered-High Court directed the CIT(A) to decide the appeal on merits in accordance with law, expeditiously, preferably within two months from the date of presentation of copy of the order. [S. 144, 147, 220(6), Art. 226]
S. 197 : Deduction at source-Certificate for lower rate-Dividend received by a Netherland company from Indian Company-Liable to deduct lower withholding tax rate of 5 per cent instead of 10 per cent-DTAA-India-Netherland. [S. 9(1)(iv), Art. 10, Art. 226]
S. 194J : Deduction at source-Fees for professional or technical services-Payment made for acquiring land for implementation of Bangalore Metro Rail Project-Assessee in default-Failure to deduct tax at source-Matter remanded to the Tribunal to determine whether payments made KIDB included service charges. [S. 201(1), 201(IA)]
S. 194A : Deduction at source-Interest other than interest on securities-Entitlement of interest amount to awarded amount was only Rs. 7000 per claimant. i.e. below threshold limit of Rs. 50,000-Directed to release the amount without deduction of tax at source. [S. 194(3)(ixa)]
S. 153A : Assessment-Search or requisition-No incriminating material-Addition cannot be made. [S. 132]
S. 153A : Assessment-Search or requisition-In the absence of incriminating material merely on the basis of statement recorded of third person without providing an opportunity of cross examination-Addition cannot be made. [S. 132(4), 153C]
S. 153A : Assessment-Search or requisition-Deemed dividend-No incriminating material-Addition cannot be made. [S. 2(22)(e)]
S. 148 : Reassessment-Notice-Constitutional validity-Without following the procedure-Issue of notice is held to be valid. [S. 147, 148A, 149, 151, 151A, 153, 292 Relaxation of Certain Provisions) Act, 2020 (TOLA), S. 3(1) of the Act 38 of 2020, Art. 226]