S. 245D : Settlement Commission-Settlement of cases-Procedure-Application-Report by Principal Commissioner-Rejection of request for further enquiry-No adverse inferences drawn in assessment proceedings pursuant to search and seizure Nothing to establish that mere agreement of sale between two persons led to concealment of income Order of Settlement Commission rejecting further enquiry was held to be proper. [S. 132, 153A, 245C, 245D(3), Income-tax Settlement Commission (Procedure) Rules, 1997, R. 9, Art. 226]

S. 245C : Settlement Commission-Settlement of cases-Powers of Central Board of Direct Taxes-Delegated legislation-Maintainability of application-Search conducted prior to 31-3-2021 but notices under sections 153A / 153C issued thereafter-Application filed before 30-9-2021-Rejection on ground that no “case” pending as on 31-3-2021 pursuant to CBDT Order-Held, statutory requirement is pendency of a case on date of application-CBDT cannot expand definition of “case” under section 245A(b) or impose substantive eligibility conditions by delegated legislation-Clause in CBDT Order requiring pendency as on 31-3-2021 held ultra vires-Order partly reversed. [S. 119(2)(b), 132, 153A, 153C, 245A(b), Art. 226]

S. 245A : Settlement Commission-Settlement of cases-Search & seizure-Proceedings under S.153A deemed pending from date of search-Applications filed before 30-9-2021 maintainable-Orders rejecting applications unsustainable-Applications restored to Interim Board-Interpretation-Anomalous results to be avoided and legislative intent behind deletion of provisions to be effected.  [S. 119, 132, 139, 147, 148, 149, 151, 153A, 245C, Art. 226]

S. 237 : Refunds-Interest on refund-Application for rectification Petition seeking direction for early disposal of rectification application-No objection by Department-Direction for adjudication of application expeditiously.[S. 154, Art. 226]

S. 226 : Collection and recovery-Modes of recovery-Pendency of appeal before CIT(A)-Mode of undertaking transactions-Penalty levied-Attachment of bank account-Directions issued to lift attachment on condition of payment of sum-Stay of proceedings until outcome of order in appeal.[S. 12A, 80G, 250,269ST, 271DA, Art. 226]

S. 226 : Collection and recovery-Stay of demand-Pendency of appeal before CIT(A)-CBDT Circular-No statutory requirement of pre-deposit under the Act-Direction to deposit 20% of disputed demand based solely on CBDT Office Memorandum dated 31-7-2017-Executive instructions cannot override or impose conditions contrary to statute-Where serious prejudice likely and case treated as non-priority by Department, exemption from pre-deposit ought to be granted-Order rejecting stay set aside and recovery and penalty proceedings stayed [S. 119, 246A, 250, 271F, 274; Art. 226]

S. 226 : Collection and recovery-Stay of demand-Pendency of appeal before CIT(A)-CBDT Circular-No statutory requirement of pre-deposit under the Act-Direction to deposit 20% of disputed demand based solely on CBDT Office Memorandum dated 31-7-2017-Executive instructions cannot override or impose conditions contrary to statute-Where serious prejudice likely and case treated as non-priority by Department, exemption from pre-deposit ought to be granted-Order rejecting stay set aside and recovery and penalty proceedings stayed by High Court-SLP of revenue dismissed.[S. 119, 246A, 250, 271F, 274; Art.136]

S. 221 : Collection and recovery-Penalty-Tax in default-Return filed in wrong form-Writ petition dismissed-Granted liberty to file application for rectification with direction to Department to consider permitting assessee to file return of income in appropriate form-SLP of assessee dismissed. [S. 139(4A), 154, 221(1), Art. 136]

S. 221 : Collection and recovery-Penalty-Tax in default-Return filed in wrong form-Writ petition dismissed-Granted liberty to file application for rectification with direction to Department to consider permitting assessee to file return of income in appropriate form. [S. 139(4A), 154, 221(1), Art. 226]

S.206AA: Requirement to furnish Permanent Account Number-Deduction of tax at source-Immoveable property-Where purchasers deducted tax at source at 1% under section 194-IA on sale consideration and vendor had furnished PAN which was accepted by the Department’s portal, subsequent demand treating PAN as invalid and alleging short deduction at 20% under section 206AA was unjustified-PAN had been linked with Aadhaar and late fee paid by vendor-No failure on part of deductors-Orders passed without considering relevant material and in violation of principles of natural justice were quashed. [S.194-IA, Income-tax Rules, 1962 r.30(2A), Art.226