S. 260A : Appeal – High Court – Condonation of delay – Reasonable Cause – Affidavit -Delay of 1754 days- No knowledge of passing of order which was stated in the affidavit- Contents of the affidavit was not disputed by the respondent – Delay was condoned – Matters are restored to the file of High Court to decide the appeals on merit in accordance with law. [ S.260A(2A) ]

S. 253 : Appellate Tribunal – Powers-Delay of 571days- Mistake of counsel may be taken in to account in condonation of delay. [ S..253(1), 254(1), Limitation Act , 1963 , S.3, 5 ]

Advocates Act 1961

S.35: Punishment of advocates for misconduct – Appeal -Delay – Delay of 20 long years in filing second appeal could not be condoned on mere ground that counsel, who was representing appellant, did not inform her about outcome of litigation before lower authority- Cost of Rs 1000 was directed to be paid to the High Court Legal Services -Sub -Commit tee , Nagpur .

S. 271(1)(c) : Penalty – Concealment – Constitutional validity -Provision cannot be regarded as ultra vires of Constitution – Convention for Avoidance of Double Taxation between Union of India and other Sovereign Countries – DTAA -India – Japan .[S.90 , Art. 23, Art .226 ]

S. 268A : Appeal – Monetary limit- Audit objection- Reassessment – Assessment which was reopened on basis of audit objection- Revenue’s appeal would be covered by exception mentioned in Circular No. 3/2018 dated 11-7-2018 ( 2018) 405 ITR 29 (St) – Dismissal of appeal on ground of low tax effect is held to be not justified . [ S. 40A(3) , 148 ,254(1) ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Rejection of books of account and estimate of net profit – Estimate was reduced by CIT(A) and Tribunal- Revision order to verify unsecured loans and creditors -Issue which was not subject matter of appeal can be revised by the Commissioner- Revision order is held to be justified .[ S.69A , 145, 263 ( c )]

S. 254(2A): Appellate Tribunal –Stay- Power- Tribunal has the power to modify the stay order – Dismissal of stay application is held to be not justified on the ground that the Tribunal has no power to modify the stay order as the order is not passed u/s 254(1)- On facts only a part of interest amount is still remain unpaid rejection of application is held to be not justified . [ S.254(1), 254(2) ]

S. 148 : Reassessment – Notice – Notice issued in name of a dead person is not valid and liable to be quashed .[ S.147 , 159 ]

S. 69A : Unexplained money – Cash found – Residential premises of father-in-law- Addition cannot be made in the assessment of the assessee. [ S. 132, 132(4A, 153C, 292C ]

S. 37(1) : Business expenditure – Capital or revenue – Lease premises – Interior decoration – Capital expenditure – Depreciation is allowable. [ S.32 ]