S. 5 : Scope of total income–Accrual-Method of accounting- Amount retained under contract to ensure there are no defects in execution of contract–Amount retained did not accrue hence cannot be taxed on accrual basis. [S. 145]

S. 183 : Payment of tax–Failure to pay third instalment – Rejection of application was held to be not justified – Permitted assessee to deposit tax under Income Declaration Scheme belatedly subject interest @ 12%. [IDS, S. 196 IT Act, 119(2)]

S. 268A : Appeal–Instructions–Tax effect below Rs. 50 lakhs- Mandate issued by CBDT in circular No. 3, dated 11-7-2018- Binding on revenue-Appeal was dismissed on ground of low tax effect. [S. 260A]

S. 268A : Appeal–Instructions-Low tax effect–Instruction No 3 dt. 9-2-2011-Neither binding on Tribunal nor Tribunal-Board cannot direct the Court or Tribunal to compel litigants to withdraw appeal due to low tax effect. [S. 254(1)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue– Capital asset-Surrender of right, title and interest in plot allotted by MIDC in favour of third party-Not assessable as business income.[S.,2(14), 28(i), 45]

S. 260A : Appeal-Review-Transfer pricing–Arm’s length price–Following the earlier year order review petition is allowed-The appeal is restored to original file of this Court and shall be heard on its merits. [S. 92C]

S. 260A : Appeal-High Court–Sale of shares-Income earned from sale of shares held for more than one year–Held as long-term capital gain- Applicability Explanation to S. 73 cannot be raised for first time in proceedings pending before High Court. [S. 45, 73]

S. 254(1) : Appellate Tribunal- Powers-Dismissal of appeal-Non appearance -Failure to appear on the appointed date, failure to make arrangement to represent her before Tribunal by an authorised representative and also failed to sought for another date of hearing- Dismissal of appeal by the Tribunal is held to be justified.

S. 245D : Settlement Commission-Application–Cross examination- Relying upon statements of witness without giving an opportunity of cross examination the application of the assessee was rejected by the Settlement Commission-High Court rejected the writ petition. [S. 245C]

S. 245D : Settlement Commission-Settlement of cases–Settlement Commission either reject the application or it could have directed Principal Commissioner or Commissioner to enquire and submit report so as to enable to Commission to take a decision- Settlement Commission could not relegate matter to Assessing Officer to dispose of assessee’s case on merits. [S. 245(2C), 245D(1), 245D(4)]