S. 45 : Capital gains – Sale of shares held as investment – Indexed cost of acquisition – Cannot be assessed as business income – Issue of bonus shares is held to be justified – Sale of shares at cost – Short term capital loss allowable to be set off against long term capital gains-Transaction cannot be held to be colourable device to set off the long term capital gains- Loss was allowed to be set off . [ S. 28(i) , 70, 71 ]

S. 279 : Offences and prosecutions – Sanction – Chief Commissioner –Tax deduction at source – Compounding application – Application was filed beyond twelve months- Rejection of application was set aside. [S. 200,276B, 278B, 279(2), Art, 226]

S. 271(1)(c) : Penalty–Concealment–Disallowance of deduction claimed – Deletion of penalty is justified. [S. 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue–Write off of interest receivable–Interest expenditure on slum rehabilitation project at Dindoshi–Inadequacy of enquiry does not give jurisdiction to Commissioner to revise the order – Explanation 2 is prospective in nature. [S. 36(1)(iii), 36(1)(vii), 260A]

S. 254(1) : Appellate Tribunal–Powers–Notional income-Income from house property or Income from other sources–Tribunal has no power to review earlier order–Order of Tribunal is stayed. [S. 22, 23, 56, 254(2), Art. 226]

S. 251 : Appeal-Commissioner (Appeals)–Powers -Failure to submit grounds of appeal–Violation of principle of natural justice–Ex-parte order was set aside. [S. 250, Form No.35, Art. 226]

S. 245R : Advance rulings–Non -Resident–Capital gains –Shell company – CBDT circulars and press release of Ministry of Finance -Certificate of residence issued by Mauritius Authorities would constitute sufficient evidence – Denial of benefit of Double Taxation avoidance agreement – Matter remanded to Authority for Advance Rulings for reconsideration-DTAA-India–Mauritius. [S. 45, 197(1), 245Q, Art. 13, Art. 226]

S. 226 : Collection and recovery – Modes of recovery – Assessee-in-default- On remittance of Rs 43 Crores the notice and order were to be quashed and set aside and all further action in respect thereof would be prohibited. [S. 226 (3), Art. 226

S. 220 : Collection and recovery- Assessee deemed in default – High pitched assessment–Change its status from firm to trust– Complete stay was granted – Remanded to Assessing Officer to consider assesse’s status as Trust. [S. 250, Art. 226]

S. 220 : Collection and recovery of tax–High pitched assessment – Complete stay of demand was granted. [S. 10(34), 10(38), 68, Art. 226]