S. 261 : Appeal – Supreme Court -Limitation : Condonation of delay – Strictures -Departmental delay of 524 days – Unsatisfactory explanation – Internal procedural delays such as multiple scrutiny reports, repeated vetting and lack of timely direction for filing SLP held to be avoidable – However, considering that other matters on similar issue were already entertained, Supreme Court condoned the delay as a special case and directed tagging with Civil Appeal No. 1294 of 2015 [ Art. 136]

56: Income from Other Sources – Stamp duty valuation – Difference between agreement date and registration date – Allotment letter treated as “agreement” – Part consideration paid through banking channel before agreement – Stamp duty valuation to be adopted as on date of allotment – Addition deleted.[ S. 50C ,56(2)(vii)( b).]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice – Faceless regime – Notice issued by Jurisdictional Assessing Officer (JAO) after 01.04.2022-Held to be valid – The Court clarified that paragraph 3 of the Scheme requires only automated allocation, not faceless issuance – Writ petitions dismissed – Not followed Hexaware Technologies Limited v. ACIT [2024] 162 taxmann.com 225/ 464 ITR 430 / 338 CTR 536 (Bom)(HC ) . [S. 119 120, 124, 144B, 147, 148 148A, 151A, Art . 226 ]

S. 69C : Unexplained expenditure – Bogus Purchases – Accommodation entries Assessing Officer disallowed 100% purchases as bogus purchases – CIT( A) restricted the disallowance to 8% of purchases against 100% of disallowed by the Assessing Officer – on appeal by Revenue the Tribunal affirmed the order of the Assessing Officer and confirmed 100% of bogus purchases . [ S. 37, 68, 143(3), 147, 148 ]

Prohibition of Benami Property Transactions Act, 1988.

Benami transactions-Change of law Order passed by Tribunal allowing assessees’ appeals following Supreme Court ruling to effect that amendments brought in 2016 did not have retrospective effect Pendency of review petition before Supreme Court not ground to disturb order of Tribunal-But Department given liberty to proceed based on outcome of review petition filed before Supreme Court.[Art. 226]

Direct Tax Vivad se Vishwas Act, 2020. (2020) 422 ITR (St.) 121)
Pendency of appeal- Appeal decided by Tribunal- Delay in serving order on assessee-Appeal cannot be treated as pending-Rejection of assessee’s declaration Justified [Art. 226]

Income Declaration Scheme 2016 ((2016) 384 ITR (St.) 87)/ (2016) 384 ITR (St.) 1)
S. 183: Declaration under Scheme-Assessee fulfilling Amounts paid as advance tax and on condition prescribed by Scheme Tax payable by assessee self-assessment to be deducted-Directed to give credit of advance tax and self assessment tax. [Art. 226

S.11: Expenditure-tax-Reassessment -No limitation was prescribed – Not barred by limitation- Appeal-High Court- Court cannot reappreciate evidence to record a different finding of fact even if another view possible on basis of material on record [S. 8, 9, 11(1)(a), 11(1)b), ITAct, 260A]

S. 271(1)(c) : Penalty – Concealment-Settlement commission- Burden of proof- Burden on revenue to prove concealment of income-Order of Settlement Commission set aside.[S. 50C, 245D, 271(1) explanation (c), Art. 226]

S. 269UC : Purchase by Central Government of immoveable properties – Restrictions on transfer-Failure by Government to deposit apparent consideration within stipulated time pursuant to order of Appropriate Authority for compulsory purchase-Parties terminating agreement and vendors selling property to new purchaser Suit filed by new purchaser for declaration that order for compulsory purchase stood abrogated and all rights in property vested in its favour-Abrogation of order taking place by operation of law consequent upon failure to deposit consideration within time frame as stipulated in section 269UG-No question of giving a further declaration that order cancelled or set aside-Not a case where order for compulsory purchase being “called in question” by filing suit if decreed will not have effect of setting aside or modifying order of Appropriate Authority-Suit neither barred under provisions of section 269UN or section 293- Order of single judge holding suit barred set aside and suit restored-Called in question”-“Abrogate” [S. 269UD, 269UE(1), 269UF, 269UG, 269UH, 269UN, 293, Civil Procedure Code, 1908, S. 9.]