AEP Investments (Mauritius) Ltd. v. Asst. CIT (IT) (2023)108 ITR 37 (Delhi)(Trib)

S. 254(2A): Appellate Tribunal-Stay-Non-Resident having no assets in India-Directed to furnish a bank guarantee covering 20 Per Cent-Recovery of outstanding demand shall remain stayed for a period of 180 days from date of this order or till disposal of appeal, whichever ever is earlier. [S. 226]

S. 253 : Appellate Tribunal-Appeals-Memorandum of appeal-Two assessment orders-Contends are different-Matter remanded to Commissioner (Appeals) to verify and adjudicate de novo complying with principles of natural justice-Principal Chief Commissioner is directed to make a thorough enquiry.[S. 143(3), 250]

S. 253 : Appellate Tribunal-Appeals-Monetary limits for appeals by Department —Deduction only on actual payment-Employee’s contribution to employees’ State Insurance-Appeal is not maintainable. [S. 43B, 143(1)]

S. 251 : Appeal-Commissioner (Appeals)-Powers-No power to introduce new source of income-Commissioner (Appeals) must confine himself to items of income which were subject matter of original assessment. [S. 143(3)]

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex-Parte order —Matter remanded to Commissioner (Appeals) with direction to assessee to remain present and make submissions. [S. 254(1)]

S. 250 : Appeal-Commissioner (Appeals)-Delay of 350 days-Delay in filing the appeal is condoned-Matter remanded to the file of the Assessing Officer to decide on merits.[S.144, 271(1)(c)]

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Ex Parte order-Notices issued to E-Mail address mentioned in appeal memo —Dismissal is held to be not valid-Appeals restored to Commissioner (Appeals) for decision on merits.[S.80IC, 250(2)]

S. 244A : Refunds-Interest on refunds-Not granting interest despite directions of Dispute Resolution Panel-Assessing Officer is directed to follow the directions of the Dispute Resolution Panel and grant interest in accordance with law.

S. 234B : Interest-Advance tax-applies on returned income and not on assessed income. [S. 234C]