S.54F: Capital gains- Investment in a residential house – Amalgamation of two adjacent flats – Assessee purchased one flat in his own name and another jointly in the names of his wife and son – Subsequently, two flats amalgamated into one composite residential unit under a registered supplementary agreement – Composite flat having a single entry and kitchen – Assessee having made substantial investment in both flats – Entitled to exemption under sections 54 and 54F – Revenue’s appeal dismissed. [ S. 45 , 54 , 250(4) , Rule 46A .]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Deletion of penalty by Tribunal-Prosecution under section 276C cannot survive where the Tribunal, on merits, deletes the penalty after finding no concealment. [S. 271AAB, 276C, 278E, Code of Criminal Procedure, 1973, S 482, Art. 226]

S. 276C: Offences and prosecutions-Wilful attempt to evade tax-Sanction-Where tax sought to be evaded exceeds Rs. 25 lakhs, approval of the Principal CIT as sanctioning authority is sufficient for prosecution under section 276C-CBDT Circular No. 24 of 2019, Circular No. 5 of 2020.[S. 119(2)(b), 278E, 279, Art.14, 226]

S. 254(1): Appellate Tribunal-Powers-Stay of proceedings-Tribunal has jurisdiction to stay the operation of an order appealed against even where no tax demand has arisen. [S. 12AB(4)(ii), Art. 226]

S. 254(1) : Appellate Tribunal-Powers-Commissioner-Revision of orders prejudicial to revenue-Tribunal cannot sustain revision on a ground not forming the basis of the Commissioner’s order. [S. 11, 263]

S. 250: Appeal-Commissioner (Appeals)-Procedure-Jurisdiction-Orders passed by CIT(A) after transfer of jurisdiction are without authority and invalid. [S.120, 246A, 260A)

S. 250: Appeal-Commissioner (Appeals)-Procedure-Deduction of tax at source-Writ-Alternate remedy-Assessee to be relegated to the statutory remedy of appeal before the Tribunal-Writ petition against the order of Commissioner (Appeals) was dismissed-Direction that appeals filed within four weeks should be entertained on merits without raising the issue of limitation. [S. 194B, 249, 254(1), Art. 226)

S. 237 : Refunds-Delay in granting refund-Department directed to pay refund with applicable interest where refund remained unpaid for eight years despite Court order-Directed to pay by 15th February 2026-Strictures-Failure refund the Dy/CIT was directed to pay the costs of Rs. 1,00,000 to the assessee which cost shall be paid by him personally i.e. from his own pocket. [S. 244A, 244A(1A), Art. 226]

S. 237: Refunds-Condonation of delay-Genuine hardship-Refund of TDS cannot be denied where deduction and deposit of tax are undisputed. [S. 119(2)(b), Form No. 26AS, Art. 226]

S. 201 : Deduction at source-Failure to deduct or pay-Assessee in default-Assessee cannot be treated as an assessee in default for non-deduction of tax where payment was made without deduction pursuant to an interim order of the Court. [S. 192, 201(IA)]