S. 2(h) : Disputed interest-Pendency of appeal-dispute-In liquidation for settlement of disputed interest on demand pending adjudication before company court-Interest waiver application-Eligible to make declaration. [S. 3, 4, 9, IT Act, 220(2A), Art. 226]
S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Claim for exemption-Finding by Appellate Tribunal that claim was bona fide-Penalty order was set aside-Prosecution is not valid. [S. 54F, 271(1)(c), 277]
S. 260A : Appeal-High Court-Business expenditure-Order of Tribunal deleting disallowances based on appreciation of facts-Cannot be disturbed unless order is illegal or perverse. [S. 254(1)]
S. 260A : Appeal-High Court-Territorial jurisdiction-Transfer of case-Power to transfer cases–Consequent to transfer to another ITAT-The High Court having jurisdiction over the Assessing Officer who passed assessment order-Appeals against orders of Appellate Tribunal lie before High Court within whose jurisdiction assessing officer who passed assessment order situated. [S. 116, 120, 124, 127, 252, 255, 260A, 269, ITAT Rules, 1963, R. 3, 4]
S. 255 : Appellate Tribunal-Procedure-Functions-Power of President to constitute special bench Appeal disposed of by Regular Bench of Tribunal during pendency of Special Leave Petition of Department-Special Leave Petition disposed of as academic leaving question of powers of President to constitute special bench open-Strictures against vice president of Tribunal passed by High Court expunged. [S. 255(3), Art. 136, 226]
S. 254(1) : Appellate Tribunal-Powers-Tribunal has jurisdiction to allow Department to raise new ground and remand matter to Transfer Pricing Officer for enquiry and action. [S. 92C]
S. 245D : Settlement Commission-Settlement of cases-Advance tax-Interest-Income earned from abroad-Levy of interest is held to be not valid. [S. 192, 201(IA), 234A, 234B, 245D(4), Art. 226]
S. 245D : Settlement Commission-Powers-Rectification of order-Interest under section 234B cannot be levied by passing rectification order-Advance tax-Waiver of interest-Entitled to reduce tax deductible or collectible at source while computing its advance tax-Interest on account of shortfall in payment of advance tax not leviable on such income-Assessments prior to Financial year 2012-13-Subsequent notification of Board will not affect consideration of applications pending on merits-Law prevailing on date of application applies.[S. 234A, 234B,234C, 245C, 245D(4),245F(1), General Clauses Act. 1897, S. 6, Art.226]
S. 245D : Settlement Commission-Settlement of cases-Order Passed by Settlement Commission bereft of reasons-Unsustainable-Order set aside and matter remanded to interim Board for passing speaking order. [S.245AA, 245D(4), Art. 226]
S. 245 : Refunds-Set off of refunds against tax remaining payable-Prior intimation to assessee mandatory. [Art. 226]