S. 263: Commissioner-Revision of orders prejudicial to revenue-Expenditure on scientific research-DSIR’s quantification of eligible R&D expenditure in Form 3CL was mandatory-Failure to quantify the deduction-assessment order erroneous and prejudicial to the interests of revenue. [S. 35(2AB),143(3), R.6(7A)]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Donation to political party-Bogus donation-Kisan Party of India-Allowed deduction after verifying supporting documents and evidence-No direct incriminating material against assessee-Revision order was quashed.[S.80GGC, 132]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Deemed dividend-Assessing Officer passed assessment order in accordance with limited scrutiny assessment and did not make inquiries on issue of amount received by assessee company as loan from another company which was outside scope of CASS selection-Order cannot be treated as erroneous-Revision order was quashed-Tribunal also held that the deemed dividend can be taxed only in hands of shareholder of lending company, and not in hands of concern in which such shareholder is interested. [S. 2(22)(e), 143(3)]

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Deduction-Rectification application of revenue was dismissed. [S. 80P (2)(d)]

S. 254(1): Appellate Tribunal-Powers-Delay of 1370 days-Reasons for delay unexplained-Delay was not condoned.[S. 253]

S. 251 : Appeal-Commissioner (Appeals)-Powers-Expenditure on scientific research-Ex parte order-Matter was remitted back to CIT(A) for de-novo adjudication.[S. 35(1)(ii), 250, 254(1)

S. 199: Deduction at source-Credit for tax deducted-Sale of property-Received part consideration in a later year-Income was offered in earlier year-Deduction of TDS at time of part settlement was to be allowed to assessee. [S. 143(1), R. 37BA]

S. 199: Deduction at source-Credit for tax deducted-Takeover of business-Income had been taxed in the hands of assessee-company and partnership firm had not claimed credit, assessee was entitled to credit of tax deducted at source. [S.143(1), Rule 37BA]

S. 199: Deduction at source-Credit for tax deducted-Failure to deposit tax deducted at source by employer-No TDS credit in Form 26AS-TDS credit based on salary slips, assessee could not be denied TDS credit merely due to employer’s fault.[S. 205, Form 26AS]

S.194IC: Deduction at source-Payment under specified agreement-Joint development agreement-Exchange for constructed area and monetary consideration-Payments constituted those under a specified agreement as per section 45(5A)-Attracted TDS at 10 per cent under section 194IC-Treated as assessee in default-Short deduction of tax deduction at source-Payee offered the income and paid tax-Matter was to be remitted to Assessing Officer to verify if payee offered income to tax, and if so, assessee should not be treated as assessee in default. [S. 45(5A), 201, 201(IA), Form No 26A]