S. 264 :Commissioner – Revision of other orders – Commissioner cannot consider application where appeal lies or is pending — Prohibition does not apply where writ petition had been filed. [ S. 143(3), 147, 264(4 )(a), Art. 226 ]
S. 264 :Commissioner – Revision of other orders – Commissioner cannot consider application where appeal lies or is pending — Prohibition does not apply where writ petition had been filed. [ S. 143(3), 147, 264(4 )(a), Art. 226 ]
S. 244A : Refunds – Interest on refunds – Delay in paying refund — Interest on interest – Department directed to refund the entire amount, which was due and payable, including interest payable . [ Art. 226 ]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Loss on account of shortage of coal —Loss passed on to transporter —Tribunal last forum to find on facts, purported to find fact on surmise — Error apparent — Order quashed. [ Art. 226 ]
S. 127 : Power to transfer cases – Order transferring case from Delhi to Mumbai was passed but said order did not bear a Document Identification No (DIN) , which is a requirement of CBDT Circular No. 19/2019, dated 14-8-2019- Order is set aside . [ S. 127(2) 132, 133A ,Art. 226 ]
S. 201 : Deduction at source – Failure to deduct or pay -Limitation- Oder under section 201(1) was passed by Assessing Officer beyond four years from end of relevant financial year, Tribunal was justified in setting aside the order .[ S. 201(1), 201(IA) , 260A ]
S. 12AA : Procedure for registration –Trust or institution- Survey and search and seizure Violation of provisions of Section 13(1)( c ) Rejection of application — Not erroneous.[ S.12, 12A, 13(1)(c), 132 , 133A , 260A ]
S. 281 : Certain transfers to be void -Recovery of tax — Secured creditor — Priority of debt — Mortgage of land and construction -— Attachment of property — Transfers void against Department —Finding on date of initiation of proceeding prior to date of creation of mortgage not found in order — Order vague — Order set aside- [ ITRule. 83 , Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — Recovery of Debts and Bankruptcy Act, 1993, Art. 226 ]
S. 3 : Payment of tax-Condonation of delay-delay of three days in depositing arrears of tax deserves to be condoned. [S. 5, Art. 226]
S. 2(1) :Disputed tax-Matter remanded by the Tribunal to the Assessing Officer-Bogus purchases-Tax to be computed on the element of Gross Profit in respect of addition made for bogus purchases and not entire purchases added by the AO in original assessment.[S. 2(1)(j)(B), 3, IT Act, S. 68. Art. 226]
Direct Tax Vivad Se Vishwas Act, 2020
S. 2(1) : Disputed tax-Rectification-As per clarification issued by CBDT if there was a reduction or increase in income and tax liability of assessee as a result of rectification, disputed tax would be calculated after giving effect to rectification order passed-Revised form 3 is held to be not justified. [S. 2(1)(j), ITAct, 154, Art. 226]