S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Failure to pay tax-Firm-Death of managing partnerer-Surviving partners unaware of tax dues-Self Assessment-Tax dues along with interest paid within five days of receipt of notice-No mala fide intention to evade tax-Mere failure to pay tax on time cannot be equated to wilful attempt to evade tax-Criminal prosecution quashed and set aside. [S. 276C(1), 276(2), 278B, Code Of Criminal Procedure, 1973, S. 482]

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Manner of deriving surrendered income-Failure to satisfy conditions-Order of Tribunal confirming levy of penalty is not erroneous. [S. 132(4), 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Educational Institution-Charitable purpose-Subsidised fee collected and corporate donations utilized solely for purposes of educational activities-Surplus funds utilised for educational purposes-Activities fell within definition of S.2(15)-Imparting of education through Virtual Mode-Order of Tribunal quashing the revision is affirmed-The question with respect to whether the Commissioner (E) was justified in invoking its powers conferred by section 263 was insignificant hence not answered. [S. 2(15), 11, 12A,13(1)(c), 80G(5), 143(3), 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Full value of consideration-Stamp valuation-Land was sold by secured creditors-Order of Tribunal quashing the revision order is affirmed-SLP of Revenue is dismissed. [S. 45, 50C, 143(1), The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), Art. 136]

S. 254(1) : Appellate Tribunal-Duties-Additional grounds-Depreciable assets-Capital gains-Appeal by Department-Additional grounds-Matter remanded.[S. 2(11), 45(4), 48 50(1),50A, 253, 260A]

S. 254(1) : Appellate Tribunal-Duties-Cross objection-Failure to consider cross objections-Matter remanded to Tribunal-Valuation of assets-Books of account not rejected-Assessing Officer Cannot Refer To Department Valuation Officer Without Rejecting Books Of Account. [S.142A(1), 143(3), 253, 260A

S. 251 : Appeal-Commissioner (Appeals)-Powers-Additional evidence-CIT(A) is justified in admitting the additional evidence-Appeal of Revenue is dismissed.[S. 246A, 251(1)(a),260A, R.46A]

S. 245C : Settlement Commission-Settlement of cases-Pending cases-Constitution validity of an amendment to Section 245A discontinuing operation Settlement Commission w.e.f. 01-02-2021 also challenged the validity of Circular / Order F.No. 299/22/2021-DIR(INV.III) dtd. 28-09-2021-Last date mentioned in circular should read as 31-3-2021-Orders rejecting applications on ground that no case pending as on 31-1-20021 set a side-Applications to be deemed pending for consideration by Interim Board-Abolition of Settlement Commission-Jurisdiction of court-Right to seek resolution through Settlement Commission conferred by statute-Within policy realm of State to take away remedy or benevolence given-Court cannot substitute its opinion to abolition of Settlement Commission-SLP of Revenue is dismissed. [S. 245A, 245D, 245M, Art. 136]

S. 226 : Collection and recovery-Modes of recovery-Recovery of tax-Appellate Tribunal-Interim order-Conditional stay of demand of tax and interest on demand-Exercise of discretion by Tribunal neither perverse nor illegal and hence not interfered with-On facts recovery is not protective in nature. [S. 144C, 254(1),254(2A), Art. 226]

S. 226 : Collection and recovery-Modes of recovery-Recovery of tax-Attachment and sale of immovable property-Limitation-Assessment order was passed in final year ending on 31-3-2010-Attachment of property on 20-12-2018 and proclamation of sale on 27-3-2019-Barred by limitation [S. 245-I, Chapter XVII of the Income-tax Act, 1961, Second Schedule, R. 68B, Art. 226]