S. 275 : Penalty-Bar of limitation-Reference made by Assessing Officer to Additional Commissioner was to be treated as triggering point for initiation of penalty proceedings-Show cause notice was issued only on 10-11-2017 proposing levy of penalty and penalty order was made on 22-2-2018-Proceedings were beyond period of limitation-Order of Tribunal is affirmed. [S. 143(3), 260A, 269SS, 271D, 275(1)(c)]

S. 271(1)(c) : Penalty-Concealment-Natural justice-Due process-Opportunity of hearing-Less than 24 hours was granted to produce document-Penalty order is quashed and set aside-Matter is remanded to the Assessing Officer. [Art. 226]

S. 271(1)(c) : Penalty-Concealment-Failure to specify the charge-Order of Tribunal quashing the penalty is affirmed. [S. 260A, 274(1)]

S. 264 : Commissioner-Revision of other orders-Ex parte order-Mistake of chartered Accountant-Order of commissioner rejecting the application is quashed and set aside and remanded to Commissioner to be decided in accordance with law. [S. 54F, 142(1), Art. 226]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Bad debt-Provision for doubtful debts-Book profit-Assessing Officer did not show any application of mind and mechanically accepted statement of assessee-Principal Commissioner was justified in exercising his jurisdiction under section 263 of the Act. [S. 36(1)(vii), 115JB]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Assessment order was passed without making enquiry-In terms of clause (a) of Explanation 2 to section 263, assessment order was deemed to be erroneous in so far as it was prejudicial to interests of revenue-SLP filed by assessee against order of High Court was dismissed.[S. 45,263, Explanation 2, Art. 136]

S. 254(1) : Appellate Tribunal-Powers-Registration-Trust or institution-Observation of Tribunal that Director (E)’s view in that communication/order was correct-On appeal the Court held that Tribunal exceeded its jurisdiction in virtually upholding said communication/order on its merits-Observation of the Tribunal was directed to be ignored and the statutory authorities are directed to decide as prescribed by the law. [S. 12A,12AB, 253, 260A, Art.226]

S. 245D : Settlement Commission-Settlement of cases-Interim Board for settlement (IBS)-Deemed dividend-Undisclosed income-Remuneration earned-[S.2(22)(3) 132, 153A, 245C, 245D(4), Art. 226]

S. 245D : Settlement Commission-Search-Additional income-Finding of fact arrived at by Settlement Commission and in absence of any evidence found contrary to disclosure made, order passed by Settlement Commission was just and proper and required no interference. Writ petition of revenue was dismissed. [S. 132, 153A, 245C(1), 245D, Art. 226]

S. 244A : Refund-Interest on refunds-High Court directed the revenue to pay interest at 15 per cent per annum-Statutory fixed rate of interest is only 6 % per annum-Interim stay of High Court order-Court directed the assessee to refund amount of interest in excess of 6 per cent per annum. [Art. 136]