S.276C: Offences and prosecutions – Wilful attempt to evade tax False statement in verification — Abetment of false return — Limitation —Limitation inapplicable to prosecution for certain Economic Offences — Prosecution of Members of Parliament and Legislative Assemblies – — Transfer of case for Trial to Designated Court — No prejudice caused to assesses- Prosecution based on materials recovered in search and not launched based only on statements of third parties — Prosecution valid – Prosecution not barred by limitation [S. 132, 148, 277, 278, 280A 280B Economic Offences (Inapplicability Of Limitation) Act, 1974 , Code Of Criminal Procedure, 1973, S.6(1), 26 ,200 397 ]

S. 271B :Penalty- Failure to get accounts audited – Audit conducted under provisions of Co-Operative Societies Act — No Report by Accountant — Levy of penalty justified . [ S.44AB, 273B ]

S. 271(1)(c) : Penalty – Concealment- Survey – Before due date of filing of return- Amount disclosed in the return- Return accepted without additions- Levy of penalty is held to be not valid [ S.132, 133A ,139(1) ]

S. 271(1)(c) : Penalty – Concealment -Capital or revenue- Claim for deduction disallowed – Penalty cannot be levied .

S. 260A : Appeal – High Court – Delay of 3345 days – Abetment of appeal due to death of the assesse – Delay was not explained – Application for condonation of delay was rejected and appeal was dismissed as abated [ S.220(2A) ]

S.260A: Appeal to High Court -Rule of consistency — Taxability of profits of overseas branches of assessee — Earlier year order of Appellate Tribunal was accepted- Precluded from raising point for later year – Appellate Tribunal – Powers – Subsidy – Capital or revenue – New issues can be raised first time before the Appellate Tribunal on the basis of material already on the record .[ S. 4, 254(1)

S.254(1) : Appellate Tribunal- Duties- Tribunal bound to give reasons for reversing findings rendered by lower authorities — Deletion of addition is held to be not justified .[ S.132(4) , 158BA, 158BC]

S.244A: Refund – Interest on refunds – Retention of impounded cash- — Delay of more than three years after finalisation of assessment in refunding amount seized —Entitled to interest from date of order passed by Assessing Officer till date of payment- Right to property – Retention of impounded cash without any authority of Law is violation of Article 300A of Constitution. [ 132B(4) , 153A , 263, Art .300A ]

S.234E: Fee-Default in furnishing the statements- Deduction of tax at source — Fee of Rs 200 for every day -Constitutional validity – Compensatory levy for extra burden on Income-Tax Department- Provision is valid .[ S.271H , Art , 14, 226 ]

S. 226 : Collection and recovery – Modes of recovery – Garnishee proceedings- Recovery effected on same day and garnishee proceedings initiated with in two days of amount becoming due – Guide lines – Order of single judge modified . [ S.80P(4), 226(3) (iii) ]