Interpretation of taxing statutes – Precedent — Commissioner (Appeals) and Tribunal must follow decision of High Courts.
Interpretation of taxing statutes – Precedent — Commissioner (Appeals) and Tribunal must follow decision of High Courts.
Interpretation of taxing statutes — Retrospective provision for the removal of doubts — Cannot be presumed to be retrospective if it alters or changes law as it stood- Ambiguity in language to be resolved in favour of assessee.
S. 268A : Appeal – Instructions – Monetary limits- Bogus long term capital gains – CBDT Circular No. 23/2019 dated 6-9-2019 and Office Memorandum No. 279 dated 16-09-2019 issued by CBDT – Apply prospectively – Dismissal of miscellaneous application by the Tribunal was held to be justified [ S. 254(2) , 260A ]
S. 254(2A): Appellate Tribunal –Stay- Delay in disposal of appeal is not attributable to assessee in any manner- Tribunal can grant extension of stay of demand beyond 365 days in deserving cases- No substantial question of law . [ S.260A]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Non -consideration of a judgement of High Court – Not a mistake apparent from the record [ S.260A ]
S. 254(1) : Appellate Tribunal – Duties- Charitable Trust -Accumulation of income – cryptic order -Non -application of mind – Matter remanded [ S. 11(4A) ]
S. 254(1) : Appellate Tribunal – Duties-Capital gains – Penny stock – Tribunal, without finding an error in approach of Assessing Officer could not have remanded back matter to Assessing Officer for fresh consideration.[ .S. 10(38) , 45 ]
S. 251 : Appeal – Commissioner (Appeals) – Powers -Stay –Natural justice – Stay application was rejected without providing an opportunity of hearing – Order was set aside [ S. 220 (6) , Art , 226 ]
S. 245D : Settlement Commission – Application -Retraction of statement – Order passed by the Settlement commission rejecting the application was affirmed [ S. 245C, 245D(4) , Art , 226 ]
S. 237 : Refunds – Refund was erroneously refunded to another company – Notice was issued to the department [ Art. 226 ]