S. 263 : Commissioner-Revision of orders prejudicial to revenue-Remuneration is allowable under provisions of Income-tax Act-Remuneration to partners-Revision is not valid. [S. 40(b)(v)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Remuneration is allowable under provisions of Income-tax Act-Remuneration to partners-Revision is not valid. [S. 40(b)(v)]
S. 260A : Appeal-High Court-Territorial jurisdiction-Binding precedent-Jurisdictional High court or Tribunal-Lower authorities are bound to follow the judgement, even if revenue had challenged previous order of jurisdictional High Court and matter was pending before Supreme Court. [S. 250, 254(1)]
S. 254(2A) : Appellate Tribunal-Stay-Recovery-Tribunal can only grant a stay subject to a deposit of not less than 20 per cent of disputed demand, or furnishing of security thereof-Tribunal cannot grant blanket stay as per section 254(1) by making first proviso to section 254(2A) redundant. [S. 220(6), 254(1)]
S. 254(2A) : Appellate Tribunal-Stay-Collection and recovery-Assessee deemed in default-Stay of recovery-Appeal is pending before Tribunal-Agreed to deposit 20 percent of disputed demand-Stay was granted to assessee for a period of six months or till such time appeal filed by assessee was disposed off by Tribunal. [S. 220, 254(1)]
S. 205 : Deduction at source-Bar against direct demand-Interest income-Credit for tax deducted at source-Payee has to discharge its responsibility of showing that the payer has deducted tax on income-Assessing Officer need not insist on demand in respect of said TDS payment to Government account-Matter remanded. [S. 199]
S. 201 : Deduction at source-Failure to deduct or pay-Limitation of two years-Reimbursement of leave travel concession schme to employees-Section 201(3), as amended by Finance Act (No. 2) of 2014 shall not be applicable retrospectively. [S. 10(5), 192, 201(1), (201(3)]
S. 195 : Deduction at source-Non-resident-Reinsurance premium amount transferred to NRRs-NRRs did not have PE in India-Not liable to deduct TDS-DTAA-India-Singapore. [S. 9(1)(i), 201, Art. 7]
S. 194LD : Interest on certain bonds and Government securities-Interest earned from said NCDs-Bonds-Debentures-In absence of specific definition of bonds in Act, term ‘bonds’ used in section 194LD should be considered as including NCDs and accordingly concessional rate of 5 per cent-DTAA-India-Germany. [S. 9(1)(v) 115A, Art. 11]
S. 154 : Rectification of mistake-Mistake apparent from the record-Income from house property-Discrepancy in receipts as shown in 26AS-Service tax-Reconciled by assessee with sufficient evidence adduced before revenue and this resulted in higher amount being shown in Form 26AS, additions made for difference was to be deleted. [S. 22, 143(1)]
S. 154 : Rectification of mistake-Mistake apparent from the record-Refunds-Interest-No adjudication by Chief Commissioner / Commissioner-Additional ground-Denial of interest by passing rectification order is held to be not valid. [S. 244A (2)]