S. 251 : Appeal-Commissioner (Appeals)-Stay of demand-Writ petition dismissed by High Court-Parties agreeing to allow matters before Commissioner (Appeals)-Matter disposed with direction for maintenance of Status Quo. [Art. 226]
S. 251 : Appeal-Commissioner (Appeals)-Stay of demand-Writ petition dismissed by High Court-Parties agreeing to allow matters before Commissioner (Appeals)-Matter disposed with direction for maintenance of Status Quo. [Art. 226]
S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Supreme Court extending period prescribed under any general or special Law in respect of all judicial or quasi-judicial proceedings due to pandemic-Subsequent Circular Dated 25-5-2021 issued by Board extending limitation for filing appeal before Commissioner (Appeals) until further order. [S. 119, Art. 226]
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders-Apprehension of proper opportunity of hearing-Directions to expedite the disposal of appeal-Directed to appear before Commissioner (Appeals) on date fixed and request for time if required. [S. 250, 251, Art. 226]
S. 245D : Settlement Commission-Settlement Commission Accepting declaration without examining material on record-High Court justified in setting aside order of Settlement Commission-Order of single judge affirmed. [S. 245C, 245D(6), Art. 226]
S. 234E : Fee-Default in furnishing the statements-Tax deducted at source-Provision applicable from June 1, 2015-Orders levying late fee for prior periods not sustainable-Alternative remedy-Lack of jurisdiction-Writ is maintainable. [S. 200A, Art. 226]
S. 234A : Interest-Default in furnishing return of income-Waiver of interest-Properties vesting in Official Assignee-Interest waived on the facts of the case. [S. 234B 234C, Presidency Towns Insolvency Act, 1909, S. 7]
S. 197 : Deduction at source-Certificate for lower rate-Deduction of tax at source-Lease of Aircraft-Survey-Direction to withhold tax at 10 Per Cent-Matter remanded-DTAA-India-Ireland. [S. 133A, R. 28AA, Art. 8, 12].
S. 154 : Rectification of mistake-Expenditure on account of stores and spares-Omission to make addition in the assessment order-Income assessed as income from other sources and not as business income-Rectification is held to be valid. [S. 28(1), 37(1), 56]
S. 153A : Assessment-Search or requisition-Recording of satisfaction is not mandatory under section 153A-No abatement of concluded proceedings. [S. 132A, 153C]
S. 148 : Reassessment-Notice-Challenged on several grounds-Dismissing the writ petition without discussing on any ground without stating the reasons for refusal to entertain writ petitions-Matter remanded to High Court for decision of Writ petitions afresh on merits. [S. 147, Art. 226]