S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Duty of Tribunal to decide on merits-Dismissal of first application for restoration was dismissed for non-prosecution-Dismissal of second application by invoking amendment-Dismissal was held to be not Valid-Appeal restored to original position [ITATR,1963, 24, Art. 226]

S. 254(1) : Appellate Tribunal-Powers-Power to remand must be exercised judicially-Order of Tribunal is affirmed. [S. 260A]

S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits-Tribunal was directed to restore the appeal and decide on merit. [S. 253, ITAR, 1963, R 24, Art. 265]

S. 254(1) : Appellate Tribunal-Powers-No power to dismiss on ground of non-prosecution-Duty to dispose appeal on merits. [S. 253, ITAR 1963, R. 24]

S. 254(1) : Appellate Tribunal-Duties-Tribunal is not justified in deleting the addition without assigning reasons-Order of Tribunal is set aside.

S. 245D : Settlement Commission-Jurisdiction-Power-Search and seizure-Order of penalty consequential to search-Assessment and penalty are part of same proceedings-Levy of penalty by the Assessing Officer is held to be not valid-Order levying the penalty was quashed. [S. 132, 133A, 153A, 245A(b), 245C, 269ST, 271DA Art. 226]

S. 226 : Collection and recovery-Modes of recovery-Attachment of property-Sale proclamation-Appeals pending before appellate authorities-Stay was granted by paying 15 Per Cent. of demand and expenses incurred by Department for newspaper notifications-Proceedings was kept abeyance for a period of five months. [Art, 226]

S. 221 : Collection and recovery-Penalty-Tax in default-Mistake in specifying Assessment year for which penalty was levied-Not curable defects-Levy of penalty s held to be bad in law. [S. 292B]

S. 194C : Deduction at source-Contractors-Payment made to agency as per direction of Karnataka Government-Deletion of addition is held to be justified.

S. 153A : Assessment-Search-Participating in assessment proceedings-New plea stating that there was no search only survey was rejected-Assessment based on the statement in the course of search proceedings-Loose sheet fall within the definition of document-Rejection of request for cross examination will not amount to violation of principles of natural justice-Assessment order passed cannot be held to be without authority of law-Request for copies of statements made will have to be made by the person from whose custody any books of account or other documents were seized. [S. 132, 132(4), 132A, 133A, Art. 226]