S. 263 : Commissioner-Revision of orders prejudicial to revenue-Order passed u/s. 143(3) r/w sec 153B, after approval from Jt. CIT u/s 153D-Revision of Order passed by PCIT is nullity and void ab initio-Admissibility of documents seized from third party-No corroborative evidence brought on record-Considered as inadmissible evidence in proceedings u/s 263. [S. 143 (3), 153B, 153D,Indian Evidence Act,1872, S.65B(4)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Unexplained moneys-When during scrutiny assessee had submitted all relevant details regarding loans and advance and explained that said advance was returned back in next year, AO after due verification passed order, invocation of revision was unjustified. [S.69A]

S. 253 : Appellate Tribunal-Death of assessee-mandatory to file a revised form 36-Failure to do so appeal shall stand abated-Liberty is given to the parties to file application for revival along with revised Form No 36 in accordance with law. [S.254 (1), ITAT R, 26, Form No. 36]

S. 234A : Interest-Default in furnishing return of income-Search and seizure-the interest u/s. 234B is to be levied only on the additional tax levied on the enhanced income determined u/s. 153A, r.w.s.143 of the Act. [S. 143(3), 153A 234B]

S. 206AA : Requirement to furnish Permanent Account Number-Deduction at source-Short deduction of tax-Non provision of PAN-Section 206AA cannot override DTAA in case of payment made to non-resident. [S. 90, 195]

S. 201 : Deduction at source-Failure to deduct or pay-Royalties/fees for technical services-Payment made to US based company towards cost reimbursement on which parties had equal right to use and not paid amount to royalty, levy of interest u/s. 201(1A) is unjustified-DTAA-India-USA. [S. 9(1)(vi), 195, 201 (IA), Art, 12]

S. 195 : Deduction at source-Non-resident-Agency Agreement-Principal and agent relationship-Sales commission for services rendered outside India-Not liable to deduct tax at source. [S. 5(2), 9(1)(vii), 40(a)(i)]

S. 194C : Deduction at source-Contractors-Provision is applicable only when assessee has paid or credited any charges covered thereunder-Estimated excessive wastage treated as Making charges-Disallowance cannot be made for failure to deduct tax at source. [S. 40(a)(ia)]

S. 154 : Rectification of mistake apparent on record-No format prescribed for rectification application-A simple letter can be considered as a rectification application even if it does not mention to be a rectification application-substantial justice prevails over technical consideration-Revenue cannot take undue benefit of the negligence of Assessee with regards to his rights-Long term capital gains on sale of property is directed to be excluded. [S. 45].

S. 153C : Assessment-Income of any other person-Search-No incriminating evidence found-Addition cannot be sustained.[S. 132]