S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital asset-Lease hold right-Capital or revenue-Cancellation of allotment of plot of land-Compensation-Treated as capital-receipt Revision order was quashed. [S. 2(14), 4, 28(i)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital asset-Lease hold right-Capital or revenue-Cancellation of allotment of plot of land-Compensation-Treated as capital-receipt Revision order was quashed. [S. 2(14), 4, 28(i)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Initiation of proceedings based on a proposal given by the assessing officer-Without application of mind-Revision was quashed. [S. 10(38) 45]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Purchase and sale of land-Capital asset-Intention to construct a Tech Park-No development activity-Revision is held to be not valid. [S. 2(14),28(i), 45, 143(3)]
S. 254(1) : Appellate Tribunal-Duties-Failure of Tribunal examine the matter on merits-Matter remanded. [S. 260A, 271 A ABB, 273B]
S. 245F : Settlement Commission-Powers-Special Audit-Settlement Commission does not have power to direct aa special audit under section 142(2A) of the Act. [S. 142(2A), 245C, Art. 136]
S. 225 : Collection and recovery-Stay of proceedings-20 percent not a pre-requisite for all appeals-Prima facie case, the balance of convenience, and irreparable injury while disposing of the stay application-stay order is set aside, and the matter is remanded for fresh adjudication after granting an opportunity to be heard. [S. 220, Art. 226]
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before Commissioner (Appeals)-Refund-Assessee was directed to approach appropriate authority under section 220(6) by filing stay application pending appeal. [S. 220(6), 225,246A, Art. 226]
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Financial hardship-Rejection of application without reasoning-Remanded back to Principal Commissioner to reconsider issue and pass an appropriate order after granting an opportunity of hearing to assessee. [S. 132, Art. 226]
S. 195 : Deduction at source-Non-resident-Other sums-Commission earned by non-resident agent carrying on business of selling Indian goods outside India could not be said to be income which had accrued and/or arisen in India and, thus, assessee was not liable to deduct TDS on payment of such commission to foreign agents.[S. 40(a)(i)]
S. 194H : Deduction at source-Commission or brokerage-Discounts given by assessee-telecommunication Company on the sale of prepaid SIM cards to distributors-SLP admitted.