S. 244A : Refund – Interest on refunds – Delay in refund of excess of tax deducted at source – Department to pay compensation in form of simple interest on amount due [ S. 237, 243 ]
S. 244A : Refund – Interest on refunds – Delay in refund of excess of tax deducted at source – Department to pay compensation in form of simple interest on amount due [ S. 237, 243 ]
S. 237 : Refund – Tax deducted at source — Delay due to genuine hardship- Delay was condoned directions for processing of application for refund is issued .[ S. 119(2)(b), 139(4), Art ,226 ]
S. 201 : Deduction at source – Failure to deduct or pay -Short deduction -Limitation – Proceedings must be initiated within reasonable time — Proceedings initiated after four years — Barred by Limitation [ S.201(1) , 201(IA) ]
S.194N:Payment of certain amounts in cash – Deduction of tax at source —Enquiry prior to commencement of relevant assessment year- No adequate opportunity to respond to notice — Violation of principle of natural justice – Alternative remedy is not an absolute bar – Notice and demand held to be not valid .[ S. 133A, 201 , Art ,226 ]
S. 190 : Collection and recovery – Deduction at source – Advance payment – Reimbursement of expenses – No income arises — Tax not deductible at source- When no composite bills are issued but separate bills are issued towards reimbursement of transportation charges, Circular No. 715 ([1995] 215 ITR (St.) 12) is not applicable [ .4 , 5 ]
S. 154 : Rectification of mistake – Recovery of tax – Prima facie case, financial stringency and balance of convenience- Rejection of application for stay of demand in a cryptic manner is held to be not justified .[ S.220(2), 221 ]
S. 153A : Assessment – Search- Deletion of addition after considering the evidence is held to be valid [ S.132, 260A ]
S. 148 : Reassessment – Notice – Alternative remedy- Notice issued after proper sanction — No return submitted in response to notice — Notice cannot be quashed [ S. 147, 151 , Art. 226].
S. 147 : Reassessment – Notice – Appeal filed from order of reassessment – Writ is not maintainable at the stage of issue of notice – Writ dismissed [ S.148 , Art , 226 ]
S. 147 : Reassessment –With in four years- Change of opinion -Speculative transaction — Business of manufacturing and trading of bullion and jewellery- Review of decision is impermissible – Business loss- Held to be not valid [ S.43(5), 148 ]