S. 56 : Income from other sources – Immovable property received without consideration – Family settlement – Gift deed executed pursuant to family arrangement – Property received from member of HUF – Not taxable as deemed income – Revenue’s appeal dismissed.[ S.2(47), 56(2)(vii)(b) ]

S. 281B: Provisional attachment-Bank account-Reassessment proceedings-Seizure of cash from car-Attachment unsustainable in absence of tangible material and in view of security already furnished before Magistrate Court-Bank account not covered under s. 281B [S 132B, 142A, 226(4); Bharathiya Nagarik Suraksha Samhitha, 2023, S. 497; Code of Civil Procedure, 1908, S. 60(1); GST Act, 2017; Code of Criminal Procedure, 1973, S. 451; Art. 226]

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Belated deposit of TDS-Voluntarily deposited TDS along with interest before issuance of show cause notice-Delayed compliance of provision of deducting and depositing TDS would not suffice for grant of prosecution sanction. [S. 279, Art. 226]

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Belated deposit of TDS-Voluntarily deposited TDS along with interest before issuance of show cause notice-Delayed compliance of provision of deducting and depositing TDS would not suffice for grant of prosecution sanction. [S. 279, Art. 226]

S. 271(1)(c) : Penalty-Concealment-Non-filing of return-Filing of financial statements and tax audit report and payment of taxes-Bona fide inadvertent human error-No concealment or furnishing of inaccurate particulars-Penalty deleted. [Art. 226]

S. 260A : Appeal-High Court-Review-Mistake apparent from record-Reassessment-Writ petition was filed after one year of assessment order-Dismissal of writ petition on ground of alternative remedy-Violation of principles of natural justice-Order recalled and writ petition restored.[S. 144, 144B, 147, 148, 260A(7), Art. 226]

S. 260A : Appeal-High Court-Delay of 40 days-Service of ITAT order on Chartered Accountant not specifically authorised to accept service-Chartered Accountant not a recognised agent of assessee-Tribunal bound to communicate order to assessee-Delay condoned. [S. 254(3), 282, ITAT R. 35, Code of Civil Procedure, 1908,Order, 3, 5, R. 12]

S. 245C : Settlement Commission-Settlement of cases-Full and true disclosure-Assessees disclosed entire receipts and offered part thereof as income after claiming balance as expenses-Deeper factual enquiry required-Rejection of application at stage of s. 245D(2C) not justified-Matter to be proceeded with under s. 245D(4)-Consequent transfer to Interim Board under s. 245AA. [S. 245AA, 245D(2C), 245D(4), Art. 226]

S. 244A : Refund-Interest on refund-Direct Tax Vivad Se Vishwas Act, 2020-Belated grant of refund-Court empowered to award interest for delay attributable to Revenue [Direct Tax Vivad Se Vishwas Act, 2020, S. 4, 5(2), 6, 7, Art. 226]

S. 239 : Refunds-Limitation-Revised return-Condonation of delay-Application for condonation beyond six years from end of AY not maintainable-Assessee cannot take benefit of his own wrong-Interest under S. 244A not payable where delay attributable to assessee-Revenue to consider only claim of refund. (S. 119(2)(b), 139(5), 244A, Art. 226)