S. 245C: Settlement Commission-Settlement of cases-Conditions-A CBDT order imposing an additional condition that an assessee must have been eligible to file a settlement application on 31.01.2021 was held to be beyond the Board’s powers under section 119; an application filed after that date but before the statutory deadline was held maintainable. [S. 119, 245A, 245D, Art. 226]

S. 245C : Settlement Commission-Settlement of cases-Conditions-Maintainability-Condition in CBDT order requiring eligibility to file application as on 31.01.2021 held invalid-Application filed after said date but before cut-off date is maintainable even if no proceeding was pending on 31.01.2021-Interim Board for Settlement could not have rejected assessee’s application and, thus, impugned order passed by it was to be set aside. [S. 119,133A, 148, 245D, Art. 226]

S. 245C : Settlement Commission-Settlement of cases-Conditions-Application-Retrospective bar on filing w.e.f. 01.02.2021 by Finance Act, 2021-Validity of application filed before Act’s notification-Vested Right-CBDT notification imposing eligibility condition as on 31.01.2021-Invalid. [S. 119, 153A, 245C(5), Art. 226]

S. 245AA : Interim Boards for Settlement-Scope of total income-Accrual of income-Interest on Government securities-Mercantile system-Right to receive interest on Government securities vests only on due date stipulated therein and not on a day‑to‑day basis-Order of Settlement Commission set aside for being contrary to law and for violation of principles of natural justice-Matter remanded to the Interim Boards for Settlement. [S. 5145,245AA 245C, 245D, Art. 226]

S. 245 : Refunds-Set off of refunds against tax remaining payable-Prior intimation is a mandatory pre-condition-Adjustment made without such intimation is illegal. [S. 220(6), Art. 226]

S. 244A : Refund-Interest on refunds-Delay due to technical glitches-Where refund determined by AO was not processed by CPC due to technical glitches, Court directed CPC to issue refund by a specified date, failing which a physical cheque with interest under section 244A was to be issued. [Art. 226]

S. 237 : Refunds-Insolvency and Bankruptcy Code, 2016-Moratorium-Adjustment of refund against past demands barred-TDS collected before moratorium not refundable. [S. 199, Insolvency and Bankruptcy Code, 2016,9, 14, Art. 226]

S. 158AB : Repetitive appeals-Identical question of law-An application to defer filing of an appeal was allowed where an identical question for a previous year was pending and the assessee had consented. [S. 158A(b),260A, Income-tax Rules, 1962, R.16]

S. 153C : Assessment-Income of any other person-Search-Insolvency and Bankruptcy Code, 2016-Resolution Plan-Extinguishment of dues-Once a resolution plan is approved by the NCLT, all claims not part of the plan, including statutory dues for the pre-CIRP period, stand extinguished-The Revenue cannot initiate or continue proceedings for such a period post-approval. [S.. 132,. 133, 142(1), 143(2), 143(3) Insolvency and Bankruptcy Code, 2016, 31]

S. 151A : Face less assessment scheme-Reassessment-Jurisdiction-Notice issued by Jurisdictional Assessing Officer (JAO) instead of Faceless Assessing Officer (FAO)-Vitiated for want of jurisdiction. [S.148, 148A(b), 148A(d), Art. 226]