S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Delay was due to crisis in company-No mala fide intention-Prosecution after a lapse of more than three years High Court quashing-Delay of 239 days-SLP dismissed on Supreme Court Special leave petition dismissed on ground of delay. [Art. 136]
S.271D: Penalty-Takes or accepts any loan or deposit-Share application money-Not a loan or deposit-Penalty under section 271D/271E deleted..[S. 269SS, 269T, 271E]
S. 271C : Penalty-Failure to deduct TDS-Reasonable cause-Reliance on professional/legal opinions-Penalty deleted.[S. 201(1), 201(1A), 260A, 273B]
S. 271B : Penalty-Failure to get accounts audited-Delay explained by searches/seizures-Quality of cause shown more important than length of delay. [S. 44AB, 132.]
S. 271(1)(c) : Penalty-Concealment-Defective notice-Not specifying the charge-Concealment of income-Inaccurate particulars of income-Non-application of mind-Order of Tribunal quashing the penalty was affirmed.[S. 260A, 274]
S. 264: Commissioner-Revision of other orders-Long term capital gains-Objections of the assessee was not considered-Order was quashed and set aside-Matter remanded. [S. 45, 48, Art. 226]
S. 263 : Revision-New issue not in notice-Commissioner cannot revise on ground not raised in notice. [S. 40A(2)(b), 143(3), 260A]
S. 260A : Appeal-High Court-Substantial questions of law-No challenge to High Court order-Mistake of counsel-Counsel erroneously submitting that two of them covered against assessee by decision of Supreme Court-High Court disposing of appeal deciding third question alone in favour-Order of High Court set aside to enable restoration of appeal to High Court.[Art. 136]
S. 254(1) : Appellate Tribunal-Duties-Non-resident-Permanent establishment (PE)-DTAA (India-USA)-Issue of PE not considered by Tribunal-Matter remanded to Tribunal to examine the matter afresh-DTAA-India-USA [S.90, 260A, Art. 5, 27]
S. 245H : Settlement Commission-Immunity from prosecution and penalty-Full and true disclosure-Writ petition of revenue was dismissed. [S. 245C, 245D(4), Art. 226]