S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Surrender of undisclosed income-Cover discrepancies-Levy of penalty is not valid.[S. 132]
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Surrender of undisclosed income-Cover discrepancies-Levy of penalty is not valid.[S. 132]
S. 271(1)(c) : Penalty-Concealment-Capital or revenue-Debatable-Deletion of penalty is held to be justified.
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Two views-Interest receivable is written off-Explanation 2 is prospective in application-Prior to 1-6-2015 inadequacy of enquiry cannot be the ground for passing the revision order.
S. 260A : Appeal-High Court-Jurisdiction-Assessment order passed by the Calcutta-Madras High Court had no jurisdiction. [S. 127, 143(3) 147]
S. 254(1) : Appellate Tribunal-Duties-Ex Parte order-Matter remanded to Tribunal to decide appeal on merits.[S. 254(2), ITATR, 1963, R. 19, 24, Art. 226]
S. 245D : Settlement Commission-Settlement of cases-Full and true disclosure of undisclosed income-Pending application-Rejection of application is not valid-Matter remanded to Interim Board. [S. 245A, 245B, 245C, Art. 226]
S. 245D : Settlement Commission-Surrendering claim for depreciation on leased assets-Report of Commissioner for addition of interest on Government Securities-Order of Settlement Commission non-speaking-Matter referred to Interim Board-Precedent-Supreme Court decision-Judicial decision acts retrospectively. [S. 245AA 245C, R.9, Art. 226]
S. 244A : Refunds-Interest on refunds-Interest paid on penalty-Section 240 do not differentiate between refund of tax or penalty or any other amount-Deletion of penalty by Tribunal-Interest paid on penalty-Entitled to interest on Interest. [S. 220(2), 220(6), 240, 244(1A), 244A, 264271(1)(c), Art.226]
S. 241A : Refunds-Withholding of refund-Permission for withholding of refund given without application of mind is not valid.[S. 143(2), Art. 226]
S. 237 : Refunds-Disability pension-Retired Officer of Indian Army-Arrears of disability pension received in December 2008-Entitled to exemption-Strictures-Court directed the Revenue for refund of tax paid by assessee with interest at 9 per cent. per annum within one month with costs of Rs. 1 lakh. If the payment was not made within the stipulated period interest was to be paid at 18 per cent. per annum from the date of entitlement till actual payment. [Pension Regulations for the Army, Rule, 173]