S. 251 : Appeal-Commissioner (Appeals)-Powers-Remand proceedings-Cross examination-Revenue is directed to provide effective cross examination as per the provisions of the Indian Evidence Act, 1872. [S. 250, Indian Evidence Act, 1872]
S. 251 : Appeal-Commissioner (Appeals)-Powers-Remand proceedings-Cross examination-Revenue is directed to provide effective cross examination as per the provisions of the Indian Evidence Act, 1872. [S. 250, Indian Evidence Act, 1872]
S. 245HA : Settlement Commission-Abatement of proceedings-Shortfall on additional taxes and interest-Subsequently intimated-Abatement invalid. [S. 245C, 245D(2A), Art. 226]
S. 245HA : Settlement Commission-Abatement of proceedings-Shortfall on additional taxes and interest-Refunds-Interest-Excess tax paid-If interest on excess payment made on self-assessment, same would meet requirement of section 245D(2D)-Petition is allowed and the matter is directed to be placed before the Interim Board for Settlement constituted under section 245AA for consideration. [S. 244A, 245AA, 245C,245(2D). Art. 226]
S. 245D : Settlement Commission-Rectification of order-Rectification application was filed beyond period of six months-Rejection of application is said to be valid. [S. 245D(4), 245D(6B), Art. 226]
S. 245D : Settlement Commission-Application-Additional income disclosed-Settlement Commission accepted the additional income-High Court set aside the order-On appeal the matter was remanded back to Settlement Commission (now Interim Board) for reconsideration and re-determination of undisclosed income, after giving an opportunity to both sides. [S. 133A, 2245C, 245D(4), Art. 136]
S. 245C : Settlement Commission-Pendency of proceedings-No proceedings was pending-Petition is not maintainable.[S. 147 148, 245A, Art. 226]
S. 245C : Settlement Commission-Settlement of cases-Failure to disclose full and true disclosure-Writ petition is dismissed-SLP is dismissed. [S. 245D(1), Art.226]
S. 245C : Settlement Commission-Settlement of cases-Failure to disclose full and true disclosure-Writ petition is dismissed-SLP is dismissed. [S. 245D(1), Art. 136]
S. 234A : Interest-Default in furnishing return of income-Levy of interest is mandatory-Review petition is dismissed. [S. 2(35), 5, 6(3)(ii), 131, 142(1), 143(2), 148,, 282]
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Trading in waste materials-Return not filed by the seller-Sellers stock register-The assessee was not liable to submit any evidence to prove seller’s return and other particulars of seller-Demand is stayed. [Art. 226]