S. 263: Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Acquired leasehold/freehold land and building from a company pursuant to an agreement for sale-Certain deductions only on actual payment-High Court affirmed the Order of the Tribunal quashing the revision order-SLP of revenue was dismissed. [S.43B, 56(2)(x), 143(3), Art.136]
S. 260A : Appeal-High Court-Additional evidence-Amalgamation-Non-existing entity-Additional evidence admitted-Assessment was quashed-SLP of revenue dismissed [S. 143(3), 254(1), Code of Civil Procedure, 1908, Order 41, Rule 27, Art. 136]
S. 254(1): Appellate Tribunal-Powers-Capital gains-Agricultural land-Reasoning of the Tribunal must not be contrary to Constitutional provisions and in disregard of established facts and evidence borne on record-Sale of agricultural land-Not liable to capital gains tax. [S. 2(14)(iii), 45, 260A]
S. 250: Appeal-Commissioner (Appeals)-Procedure-Delay of 113 days-Matter was remanded to the CIT(A) with a direction to allow the assessee to file a fresh affidavit clearly explaining the cause of delay.[S. 246A, Art. 226]
S. 237: Refunds-Tax deducted at source-Direction issued by Single Judge, in effect, resulted in refund of the very same amount for a second time, which was impermissible under the provisions of the Act.[S. 143(1), 244A, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, S. 96, Art. 226]
S. 234B: Interest-Advance tax-Waiver of interest-Jurisdictional High Court decision-Petitioner did not deposit tax on account of lack of clarity on the issue involved, and petitioner, being a Public Sector Undertaking, had no mala fide intention to evade or avoid payment of tax; petitioner was entitled to waiver of interest payable under Section 234B.[S.80P(2), 119, Art. 226]
S. 220: Collection and recovery-Assessee deemed in default-No orders or intimations creating demands were ever served. It came to know about the demand only upon receipt of notice after 9 years-Notice was quashed and set aside. [Art. 226]
S. 206C: Collection at source-Forest produce-Survey-Compounding fees/fines recovered from illegal miners and transporters of minerals-Illegal mining-There was no legislative mandate to collect tax at source from a person who was involved in illegal mining or illegal transportation of minerals-SLP of revenue was dismissed. [Art. 136]
S. 197: Deduction at source-Certificate for lower rate-US-based non-resident procured standard off-the-shelf software for its own use and its Indian affiliate and sought a lower withholding certificate-Since transactions were covered by the Supreme Court’s decision in Engineering Analysis and did not prima facie involve royalty or fees for included services, issuance of certificate at 15% was unsustainable-A certificate at 2% withholding rate was to be issued to balance revenue interest and relief to the petitioner.[S.9(1)(vi), 9(1)(vii), Art. 226]
S. 197: Deduction at source-Certificate for lower rate-Certificate issued under Section 197 for a particular financial year would operate for the entire corresponding assessment year. The assessee could not be treated as an assessee in default under Section 201, nor made liable to interest under Section 201(1A) because the assessee had a certificate under Section 197 for the entire assessment year. [S.201(IA), 260A]