S. 281B : Provisional attachment-Mere apprehension that huge tax demand was anticipated is not sufficient-Writ is maintainable against provisional attachment. [S. 226, Art. 226]
S. 281B : Provisional attachment-Mere apprehension that huge tax demand was anticipated is not sufficient-Writ is maintainable against provisional attachment. [S. 226, Art. 226]
S. 281 : Certain transfers to be void-Property mortgaged to bank before passing of assessment order-Auction sale-Transfer of property not void-[S. 226, Sch. Ii, R. 11, Securitisation And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, S.13, 26e,Art, 226]
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Failure to pay self assessment tax-80% of tax was paid prior to filing of complaint-Delayed payment could not be construed as an attempt to evade tax. [S. 140A, 276(2), 276CC, 278E, Code of Criminal Procedure, S. 482]
S. 271AAB : Penalty-Search initiated on or after Ist day of July 2012-Search not conducted, penalty cannot be levied. [S. 132(4), 133A, 153C, 260A]
S. 271(1)(c) : Penalty-Concealment-Quantum of penalty-Penalty to be on basis of tax sought to be avoided and not on total tax liability.
S. 268A : Appeal-Instructions-Lower than threshold limit-Exceptions-Special order-Penny stock cases-Organized tax evasion activity-Special order of Board is required in cases involving organized Tax evasion Activity.-Appeal was dismissed. [S. 260A.]
S. 264 : Commissioner-Revision of other orders-Subject matter of appeal-Revised return-CIT (A) dismissed the appeal on the ground that the admitted tax was not paid–Rejection of revision application was held to be not justified-Matter remanded. [S. 246, Art. 226]
S. 264 : Commissioner-Revision of other orders-Dismissal petition as premature without giving any reasons-Matter remanded and directed to pass a reasoned order. [Art. 226]
S. 264 : Commissioner-Revision of other orders-Return filed and assessed as resident-Scope is narrower than appeal-Revision application made to be assessed as Non-resident-Writ is not maintainable-Circular and Act-In case of conflict of provisions of Act will prevail. [S. 2(42), 6(1)(a), 144, 147, 154, Art. 226]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Unexplained investment-Un secured loans-Enquires were made in detail-Plausible view-Explanation 2-Revision is held to be not valid. [S. 68, 69]