S. 263 : Commissioner-Revision of orders prejudicial to revenue AO conducted a proper inquiry and after proper application of mind-taking permissible view-PCIT was wrong in holding the order of AO erroneous and prejudicial to the interests of revenue. [115JB, 143(3), 144C]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Sale of immovable property and purchase or construction of new residential property-Information required under notices, and replies submitted leaving no doubt as to the adequacy of inquiry caused by AO-No substance to conclude assessment order is erroneous-The revision order is not sustainable. [S.54]

S. 254(1) : Appellate Tribunal-Powers-Departmental representative is not permitted to set up an altogether a new case.[S. 15, 17(3)(i)]

S. 254(1) : Appellate Tribunal-Powers-Additional evidence-Admitted-Internal TNMM method-Segmental financial statement certified by independent accountant admitted as additional evidence-Additional evidence to be admitted for substantial justice. [S. 40A(2), ITAT Rule 29]

S. 254(1) : Appellate Tribunal-Powers-Revision of orders prejudicial to revenue-Condonation of delay of 2359 days-CIT directed the AO to pass fresh order following decision of Supreme Court in the case of CIT v. A. Gajapathy Naidu (1964)53 ITR 114(SC)-The AO passed order without following this direction-CIT(A) dismissed the appeal against the order of the AO on the ground that the appeal was not maintainable-Tribunal held that appeal was maintainable and considering facts of the case, condoned delay of 2359 days and restored the matter to the file of the AO. [S. 155(16), 263]

S. 251 : Appeal-Commissioner (Appeals)-Powers-Appeal cannot be dismissed on account of non-prosecution-Order is set aside and directed to decide on merits. [S. 246A, 251 (2)]

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Duty-Duty to state point for determination, his decision thereon and clear reasons therefor-Transfer pricing-International transactions-Arm’s length price-Not analysing quid pro quo from evidence brought on record and recording independent findings thereon-Order is set aside and matter remanded to CIT(A) for passing speaking order.[S.92CA(3), 250(6), 251(1)(a)]

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Advance tax-Merely on technical ground, appeal before Commissioner (Appeals) could not have been dismissed. [S.249(4)(b)]

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Appeal not to be admitted unless tax is paid-Business loss-No liability to pay advance tax-Section 249(4)(b) not applicable-Appeal to be decided on merits.[S.249(4)(b)]

S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Penalty-Not adjudicating on merits-Matter remanded.[S..271(1)(c)]