S. 276 : Offences and prosecutions – Concealment – Appeal against assessment pending before appellate authority -Criminal proceedings to be kept in abeyance till decision by appellate authority . [ S.276(1), Art , 226, 227 ]
S. 276 : Offences and prosecutions – Concealment – Appeal against assessment pending before appellate authority -Criminal proceedings to be kept in abeyance till decision by appellate authority . [ S.276(1), Art , 226, 227 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Revaluation of land and building -Capital gains on sale of land- Two possible views – Revision is held to be bad in law [ S.45 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Revision —Interest-free loans having own interest-free funds —
Valuation of closing stock — Discrepancy owing to export sales not having element of excise duty- Method consistent with Accounting Standards prescribed by Institute of Chartered Accountants of India-Commission payment to non resident- Failure to deduct tax at source -Revision order held to be not valid – Order of Appellate Tribunal is affirmed . [ S. 14A, 143(3 ) 145 195 ]
S. 260A : Appeal – High Court – Monetary limits –In view of the Circular issued by the Central Board of Direct Taxes, the present appeal is dismissed as withdrawn/not pressed without answering the purported substantial questions of law.
S. 260A : Appeal – High Court -Capital or revenue – Income from other sources — Reimbursement received on account of assets purchased -— Department not appealing against orders for other years on same facts — Appeal not maintainable .[ S.4 ]
S.254(1): Appellate Tribunal – Duties – Additional evidence —Failure by Appellate Tribunal to exercise jurisdiction vested in it — Matter Remanded to Appellate Tribunal [ S.69C 260A ATR, 1963 , R.29 ]
S. 254(1) : Appellate Tribunal – Duties- Natural Justice —Additional evidence — Opposing party should be given opportunity to rebut evidence — Tribunal cannot reliance upon a google study in order to have an idea about the air pollution control equipment without giving an opportunity to rebut the evidence – Order of Appellate Tribunal set aside [ S. 131(1) , 255(6) ]
S. 250 : Appeal – Commissioner (Appeals) – Powers- Remand – order passed on the basis of remand report in which the Assessing Officer has accepted the contention of the assessee – Order of Appellate Tribunal is affirmed . [ S .250(4) ]
S. 245D : Settlement Commission -Full and true disclosure-Income offered in application-Additional income offered during proceedings in order to avoid controversy – No new source of income —Acceptance of offer and passing of order by Settlement Commission is held to be justified .[ S. 133A, 245C , 245D(4) , ITSC (P)Rules, 1997. R.9 , Art , 226 ]
S. 245D : Settlement Commission – Amendment in law — Payment of additional tax on additional amount disclosed within time prescribed — Settlement Commission has jurisdiction to proceed with application – Failure to consider report filed by department — Matter remanded to Settlement Commission for disposal afresh. [ S.245C(1),245D(2A), 245D(4) ITSC (Procedure) Rules, 1997, R. 9, Art .226 ]