S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Tribunal’s quashing of revision order relying on High Court decision on similar issue-SLP of revenue dismissed on the ground of delay and on the merits. [Art. 136]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Tribunal’s quashing of revision order relying on High Court decision on similar issue-SLP of revenue dismissed on the ground of delay and on the merits. [Art. 136]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Share capital-Share premium-Order of High Court quashing the revision order-Delay of 358 days-SLP of revenue was dismissed failure to explain the condonation of delay. [S. 131, 142(1), Art. 136]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Business expenditure-Loss-Carry forward-Non application of mind-High Court holding Assessing Officer without enquiry or application of mind allowed assessee to carry forward loss and Commissioner right in revising-SLP of revenue was dismissed.[Art. 136]
S. 260A : Appeal-High Court-Income deemed to accrue or arise in India-Royalty-Non speaking order-Deduction of tax at source-Payment to non-resident-Application for certificate of nil deduction Royalty-Matter remanded to the CIT(A)-DTAA-India-USA. [S. 9(1)(vi), Expln. 6, 195(2),254(1), Art. 12(3)2.]
S. 260A : Appeal-High Court-Method of accounting-Bonded warehouses-Accrual basis-Matter remanded to the Assessing Officer on concession by assessee-Appeal dismissed. [S. 254(1)]
S. 260A : Appeal-High Court-Method of accounting-Bonded warehouses-Accrual basis-Matter remanded to the Assessing Officer on concession by assessee-Appeal dismissed by high Court-If the assessee believed that its counsel wrongly conceded before the High Court on a point of law, it was expected of it to immediately prefer an appropriate application before the High Court and get the matter clarified. It was too late in the day to level such allegations-SLP rejected. [S. 254(1), Art. 136]
S. 260A : Appeal-High Court-Ex parte order allowing Department’s appeals-Review petition filed before High Court-No service of notice-On SLP court held that the High Court to look into review petition and take appropriate decision in accordance with law. [Art. 136]
S. 250 : Appeal-Commissioner (Appeals)-Delay in disposal of appeals involving demands above Rs. 5 crores-On writ the court directed the Principal Commissioner to ensure disposal of appeals within three months coercive recovery measures to be taken till disposal.[S. 156, 246A, 250(6A) Art. 226]
S. 244A : Refunds-Interest on refunds-Deduction of tax at source-Delay in application under circumstances beyond control of assessee-Delay is condoned-Entitled to interest on refund-Money held without authority-High Court directed the revenue to grant interest-SLP delayed by 371, 390 and 374 days-SLP of revenue was dismissed on account of delay and also on merit. [S. 194LA, IT R, 1962, R. 31(3), form 16A, Art. 136]
S. 237 : Refunds-Collection of tax at source Refund-Interest-High Court directing Department to reimburse seller and to seller to return sum to assessee within specified periods-Direction for payment of interest if time limits set by court not kept-High Court refusing to direct Department to undertake not to appeal against order of Tribunal-SLP of assessee dismissed. [S.244A, Form 27C, Art.136]