S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Issues not covered in reassessment proceedings-Limitation to be reckoned from date of original assessment and not of reassessment. [S. 147, 148]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limitation-Issues not covered in reassessment proceedings-Limitation to be reckoned from date of original assessment and not of reassessment. [S. 147, 148]
S. 260A : Appeal-High Court-Territorial Jurisdiction-Delay of 130 days was condoned with liberty given to withdraw appeals-Leave granted to file appeals before High Court with jurisdiction. [S. 254(1)]
S. 260A : Appeal-High Court-Transfer pricing-Arm’s length price-International transactions-Determination-Court can consider whether relevant guidelines under Act and Rules taken into consideration–Comparability of two companies-Selection of filters judiciously done and on basis of relevant material and evidence on record-Matter remanded to the High Court to take a fresh decision.[S. 92, 92A to 92CA, 92D, 92E and 92F, R.10B to 10E, Art. 136]
S. 260A : Appeal-High Court-Transfer pricing-Arm’s length price-International transactions-Determination-Court can consider whether relevant guidelines under Act and Rules taken into consideration–Comparability of two companies-Selection of filters judiciously done and on basis of relevant material and evidence on record-Matter remanded to the High Court to take a fresh decision.[S. 92, 92A to 92CA, 92D, 92E and 92F, R.10B to 10E, Art. 136]
S. 245D : Settlement Commission-Settlement of cases-Entire tax on admitted additional income was paid-Short fall of tax was brought to Knowledge through report-Deposited the amount immediately-Sufficient Compliance-Application restored to Settlement Commission. [S. 132, 245C, 245D(2B), Art. 226]
S. 245D : Settlement Commission-Settlement of cases -Application-Full and true disclosure of undisclosed income-Revision of amount-Order of Settlement Commission based on revision is not valid-No power to waive interest-High Court can set aside order of Settlement Commission passed in excess of its statutory powers or in violation of principles of natural justice-High Court also directed the Principal Secretary Government of UP and The Vice Chancellor of King George Medical University, Lucknow to take appropriate action against the individual Doctors who are employees of King Georges Medical University, who are found indulged in blatant private practice and making profits in private companies and also being on their boards as directors [S. 132(4),234A, 234B, 234C, 245C, 245D(4), 245D(6B), 245I, Art. 226]
S. 245D : Settlement Commission-Settlement of cases-observation-It was not practicable to examine records and arrive at proper Settlement-Directing Authorities to adjudicate and pass orders on other aspects not before it-Writ petition dismissed-Order passed by Settlement Commission a nullity-Orders Of High Court, Assessing Officer, and Settlement Commission set aside and matter remanded to Interim Board for Settlement. [S. 132, 153A, 245AA, 245C(1), 245D(4), 245F(4), 245HA, Art. 136, 226]
S. 220 : Collection and recovery-Assessee deemed in default-Interest on arrears of tax-Waiver-Refusal to waive interest-SLP is dismissed. [S. 220(2A), Art. 136]
S. 201 : Deduction at source-Failure to deduct or pay-Non-Residents-Assessee-in-default”-Limitation-No statutory period of limitation-Orders must be passed within reasonable time-Limitation prescribed for residents is applicable to payments to non-residents-The extended period of limitation of seven years would be available for passing orders under section 201(1) of the Act deeming a person to be an “assessee-in-default” for failure to deduct taxes in respect of payments to residents is also applicable to non-residents. [S. 201(1), 201(3), Art. 226]
S. 153C : Assessment-Income of any other person-Search-Satisfaction note-Limitation-Where no satisfaction is recorded year of search has to be considered. [S. 132, 153A]