S. 260A : Appeal-High Court-Delay in filing appeal-Delay was condoned subject to payment of cost of Rs.50000-Cost was not paid-Order condoning the delay is recalled.
S. 260A : Appeal-High Court-Delay in filing appeal-Delay was condoned subject to payment of cost of Rs.50000-Cost was not paid-Order condoning the delay is recalled.
S. 260A : Appeal-High Court-Commissioner-Revision of orders prejudicial to revenue-Capital gains-Penny stock companies-Tribunal quashed the revision order and also on merits-Revenue has challenged only on the ground on merits and not against quashing the revision order-Dismissing the appeal the Court held that a piecemeal challenge of the order passed by the Tribunal on one grounds on which relief was granted to assesseee was not maintainable. [S. 10(38), 45, 68, 254(1), 263]
S. 234B : Interest-Advance tax-Mandatory-Capital gains-Central Board Of Direct Taxes-Notification-Cannot override provisions of Statute-Or otherwise. [S. 119, 234B(2), Art. 226]
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Discretion should be used in judicious manner.[S. 220(6), Art. 226]
S. 220 : Collection and recovery-Assessee deemed in default-Waiver of interest-Depreciation-Condition not fulfilled-Order
Favouring: Assessee, personof partial waiver is valid. [S. 220(2A), Art. 226]
S. 201 : Deduction at source-Failure to deduct or pay-Non-Resident-Non-Resident not liable to tax in India-Tax not deductible at source-Precedent-Revenue Officials are bound by the decisions of appellate authorities.[Art. 226]
S. 194A : Deduction at source-Interest other than interest on securities-Interest on compensation awarded by Motor Accidents Claims Tribunal-Interest assessable only if it exceeds fifty thousand rupees.[S. 145A(b), 194A(3)(ixa), Motor Vehicles Act, 1988, Art. 226]
S. 179 : Private company-Liability of directors-Recovery of tax-Burden of proof-Non-recovery of tax was not attributable to gross negligence, misfeasance or breach of duty by directors Initiation of action after period of eight years-Order and revision order is quashed. [S. 264, Art. 226]
S. 153C : Assessment-Income of any other person-Search-Examination of disputed questions of fact-Alternative remedy-Writ petition is dismissed.[S. 144 153A, Art. 226
S. 153A : Assessment-Search-Statement made during search has evidentiary value but by itself cannot be basis for assessment-Assessment completed before search-No incriminating material was found-Distinction between scrutiny assessment under section 143() and summary assessment under section 143(1) is irrelevant for the purpose of section 153A-Addition is not justified-Question of fact. [S. 132,132(4), 143(1), 143(3), 260A]