S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Limitation – COVID extension not applicable –Rectification application is filed beyond period of six months – Income Tax Appellate Tribunal has no jurisdiction to condone delay – Writ petition is dismissed. [Art. 226]

S. 147: Reassessment – With in four years- Change of opinion – No fresh tangible material – Reassessment notice and order disposing the objection is quashed. [S. 35AC, 80G, 143(3), 148, Art. 226]

S. 250 : Appeal – Commissioner (Appeals) – Procedure – Stay of demand – Refund adjustment – Delay in disposal of stay application – Strictures – The delay of six years in deciding the stay application is unjustified and that respondents cannot take advantage of their own delay- The Court directed the revenue to refund the amount within four weeks and suggested that the petitioner apply for an early hearing before CIT(A) – The court further directed CIT(A) to dispose of the appeal before 31 May 2025 and ordered Chief Commissioner of Income -tax to investigate the delay in disposing of the appeal pending since 2018- Writ petition is allowed . [S. 143(1),143(3), 225, 226, 245, 250(6A), Art. 226]

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice -Income from other sources – Failure to respond to notice – Audit objection after amendment – Factual disputes can not be adjudicated in writ proceedings when an alternative remedy is available- Writ petition is dismissed with liberty to file an appeal. [S. 57, 142(1), 143(3), 148, 148A(b), 148A(d), Art. 226]

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Development agreement – Cost Inflation Index – Year of taxability – Tribunal’s common order applied to all co-owners – Miscellaneous application of Revenue is dismissed. [S. 45 , 48 , 254(1)]

S. 148: Reassessment – Income of any other person – Search – Search material pertains to third party – Notice of reassessment under Section 148 is held without jurisdiction – Section 153C and not section 148 is to be resorted to- Notice of reassessment is quashed and set aside . [S. 132, 147, 151(1), 153A, 153C, Art. 226]

S. 264: Commissioner-Revision of other orders-Credit for tax deducted at source-Double taxation agreement-Refund interest-Respondents are directed to refund the amount along with statutory interest forthwith. [S. 90, 155(14), 199, Form No 266AS, Art. 226]

S. 254(1) : Appellate Tribunal-Powers-Additional evidence-No application was moved-Failure to produce will during assessment proceedings-Order of Tribunal is affirmed.[R.46A, 260A. Order 41, Rule, 27CPC]

S. 245D : Settlement Commission-Settlement of cases-Procedure-Application-Conditions-Full and true disclosure-Revision of application-No full and true disclosure-Order of Settlement Commission is set aside.[S.245C, 245D (4),245H, Art. 226]

S. 234A : Interest-Default in furnishing return of income-Marginal delay in filing of return-Interest u/s 234A is waived-Advance tax-Deferment of advance tax-Waiver or reduction-Board’s F. No. 400/129/2002-IT(B), dt. 26th June, 2006-CBDT Circular, does not specifically deal with waiver of interest under S.. 234B and 234C-Does not specifically deal with waiver of interest-No impediments operating against the assessee from paying the advance tax within the time line under S. 211. [S. 119, 211, 234B, 234C, Art. 226]