S. 263 : Commissioner – Revision of orders prejudicial to revenue -capital or revenue receipt – Subsidy – Order of the Assessing Officer accepting the receipt as capital receipt was ex facie erroneous and potentially prejudice to revenue – Order of the High Court remanding the matter to the Assessing Officer was affirmed [ S. 4 ]
S. 148 : Reassessment –Notice – No valid service – Reassessment was bad in law – Service of notice on Advocate , Chartered Accountant or an employee not authorised is not an valid service . [ S. 292BB , CPC 1908 Order ,5 ]
S. 147: Reassessment – Revenue directed to guidelines for reassessment – CBDT to issue guidelines to its officers based on the Order with clear instructions which are to be strictly followed. [S. 148 , 149, 150, 151, Art , 226 ]
S. 10A : Free trade zone – Export turnover – Communication expenses is to be deducted from both export turnover and total turnover.
S. 279 : Offences and prosecutions-Sanction-Chief Commissioner-Failure to file return within stipulated time-Issue of summons was only for one year-Reasons Remanded to the Commissioner for fresh consideration. [S. 139(1), 279(2), Art. 226]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amortisation of preliminary expenses-Granted in initial year of expenditure-Deduction cannot be withdrawn in subsequent year. [S. 35D]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Violation of principles of Natural justice-Matter remanded to PCIT [S. 143(3), Art. 226]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order passed without providing adequate opportunity to the assessee was held to be not valid-Revision order which was affirmed by the Tribunal was set aside-directed the Commissioner to pass the order in conformity with the provisions of the Act. [S. 254(1)]
S. 260A : Appeal-High Court-Central Board of Direct Taxes Circulars-Question was not argued before Tribunal-Appeal is not maintainable. [S. 80IC, 268A]
S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Additional grounds-Order can be rectified on account of mistake of the counsel for the parties. [S. 253, Art. 226]