S. 254 (1): Appellate Tribunal-Powers- Additional evidence-Writ of mandamus-In absence of any challenge to order of Appellate Tribunal, it was not permissible to issue a mandamus to Appellate Tribunal to admit and consider remaining documents- Writ petition of revenue was dismissed. [S. 254(2), Art. 226]
S. 246A : Appeal-Commissioner (Appeals)-Appealable orders -Assessment order- Alternative remedy-Writ petition was dismissed with liberty to assessee to avail alternate remedy available under Act. [S.143(3), 250, Art.226]
S. 245H : Settlement Commission-Power-Grant immunity from prosecution and penalty -On writ by revenue, High Court held that since there was no foundation for finding of Settlement Commission that there was full and fair disclosure, matter was to be remanded for reconsideration as to whether immunity from penalty and prosecution ought to be granted or not. SLP filed by assessee against impugned order of High Court was dismissed. [S. 245C, 245H, Art. 136]
S. 245 : Refund-Set off of refunds against tax remaining payable- Adjustment of refund pertaining to assessment year 2010-11-Successful Resolution Applicant’s (SRA’s) claim to have refund for assessment year 2010-11, was rejected -SRA could only claim to have stepped into and managed affairs of corporate debtor from date of approval of resolution plan on 7-11-2017. [Insolvency and Bankruptcy Code, 2016, S. 31, Art. 226]
S. 245 : Refund-Set off of refunds against tax remaining payable-Adjustment order passed by Assessing Officer was in gross violation of principles of natural justice and fair play-The adjustment was to quashed and revenue was directed to deposit adjusted amount in Court. [Art. 226]
S. 244A : Refund-Interest on refunds -When Tribunal directed Assessing Officer to compute interest under section 244A following principles laid down by Delhi High Court matter was to remanded to Assessing Officer with direction to compute interest payable to assessee under section 244A by strictly applying principles laid down by Tribunal and High Court -SLP of revenue dismissed on account of delay and also on merits. [Art. 136]
S. 226 : Collection and recovery-Modes of recovery-Stay-Cash credits -SLP of assessee disposed of by granting liberty to assessee to challenge assessment order relating to assessment year 2022-23 before Commissioner (Appeals) along with an application for grant of stay and for waiver of condition to deposit 20 per cent of disputed tax demand in terms of Office Memoranda issued by CBDT. [S. 250, Art. 136]
S. 199 : Deduction at source-Credit for tax deducted-When the income was not offered for taxation credit for tax deducted at source was rightly denied by the Tribunal. Order of Tribunal affirmed. [S. 198, 260A]
S. 197 : Deduction at source-Certificate for lower rate-Income Deemed to accrue or arise in India -Shipping, Inland Waterways Transport and Air Transport- Directed the issuance of the certificate for nil withholding tax under section 197- However, it is clarified that issuance of the certificate shall not preclude the Assessing Officer from examining whether the income/receipts of the assessee are chargeable to tax in India in assessment proceedings, uninfluenced by this order- India -Germany. [S. 9(1)(i), 195(3), Rule, 29B(1), 29B(2), Art, 8, Art. 226]
S. 195 :Deduction at source-Non-resident-Other sums-Income-Deemed to accrue or arise in India -Royalty FTS-Advertisement/Web charges) -Not liable to deduct tax at source-Order of Tribunal affirmed- DTAA -India -USA. [S. 9(1)(vi), 9(1)vii),201(1), Art. 12]