S. 2(24) : Income – Concept of real income- Statutory levy under the VAT Act, 2005 is being collected by virtue of the powers entrusted by the State Government to the assessee- entire collection is deposited in the Government Treasury of the State after deducting the actual expenditure incurred by the assessee- No real income accrues to the society-Not necessary to get registration u/s 12AA of the Act. [S. 4, 5, 12AA]

S. 2(ea) : Assets-Urban land-Belonging—Ownership-Owner-Pendency of litigation regarding ownership of land is pending for adjudication—Possession with assessee-Includible in net wealth– Protective assessment is held to be valid.

S. 264 : Commissioner-Revision of other orders-Tax consultant was indisposed about 7 months due to serious back injury–Delay was condoned–Matter remanded back for disposal on merits. [S. 153A]

S. 263 : Commissioner – Revision of orders prejudicial to revenue-Doctrine of merger—Relief granted by CIT (A)-Revision to consider eligibility of exemption is held to be not valid [ S.10A(2)(ii), 10A(2)(iii)]

S. 260A : Appeal-High Court–Delay of 362 days-Difference of opinion between two officers–Appeal was filed on the basis of legal opinion-Delay was condoned and remanded the matter to High Court to decide on merits- Cost of Rs. 1 lakh is awarded on department which is to be paid to the assessee.

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Transfer of income without transfer of asset—Finding that arrangement was with intention to avoid incidence of tax in hands of owner Assessee–Income was taxed in hands of owner— No Infirmity In Order of Tribunal. [S. 22, 60]

S. 254(1) : Appellate Tribunal–Duties–Failure of Appellate Tribunal to consider the question of jurisdiction is miscarriage of justice–Tribunal is required to reassess material and thereafter come to a logical conclusion- Order of Tribunal is set aside. [S. 147]

S. 194H : Deduction at source–Commission or brokerage–Bank guarantee commission is not in the nature of commission paid to agent, it is bank charges for providing one of banking services – Not liable to deduct tax at source.

S. 142(2A) : Inquiry before assessment–Special audit–Method of accounting—Difficulty in allocating expenses-No allegation of mala fides—Order directing Special Audit is justified. [S. 80 IC, 145]

S. 139 : Return of income -Extension of due date- flood at State of Kerala -General direction for extending due date for filing returns would be contrary to scheme of Act- Specific grievances of assessees in individual cases could be dealt with by CBDT on receipt of the application-Court also directed the CBDT to consider holding a camp sitting in Kerala for the purposes of considering the applications of the assesses. [S. 119(2)(a)(b)], [139A]