S. 226 : Collection and recovery Stay of demand- The CBDT’s Circulars & Instructions are in the nature of guidelines & cannot substitute or override the basic tenets – The AO is required to assist a taxpayer in every reasonable way-.Even if the assessee has not specifically invoked the three parameters for grant of stay, it is incumbent upon the AO to do so & pass a speaking order.[ S.220(3) , 220 (6) ]

S.28(va) :Business income – Capital or revenue – Sale of a technical concept, that the assessee developed on his own, with respect to website malware monitoring- Test of human probabilities has to be applied to decide whether what is apparent is real- Assessable as business income . [ S. 28 (v) ,45, 55(2)(a) ]

S. 281 : Certain transfers to be void -Attachment of property- Transfer of property before assessment order was passed–Transfer is not void–Order of attachment by Tax recovery Officer is held to be void. [S. 156, 220 to 232, Second Schedule, R.2, 4, 16(2), 48,Securitisation Act, 2002 , S. 26E .]

S. 275 : Penalty-Bar of limitation–Concealment of income-With effect from 1-6-2003–Limitation of six months from end of month in which order of Tribunal is received-Order received on 31-1-2008-penalty order was passed on 31-7-2008–Not barred by limitation. [S. 271(1)(c)]

S. 271E : Penalty-Repayment of loan or deposit–No commercial exigency is shown–Levy of penalty is held to be justified. [S. 2(31), 269SS, 271D, 273B]

S. 271C : Penalty-Failure to deduct at source– Delay in paying whole or part of tax deducted at source- Reasonable cause-Penalty can be waived or reduced-Interpretation-When there is ambiguity interpretation in favour of assessee is to be adopted. [S.194C, 276C(1), 273B]

S. 263 : Commissioner-Revision of orders prejudicial to revenue– Land held as stock in trade-Revision is held to be not valid.

S. 254(1) : Appellate Tribunal-Powers-Payments prohibited by law- Reinsurance payments to non-Residents is not prohibited by law-The Tribunal has no power to exceed an order of remand by the High Court-Tribunal must decide issues raised in appeal—Tribunal has no power to declare Transaction illegal under different statute—Matter remanded to decide accordance with law. [S. 37(1), 40(a)(i), Insurance Act, 1938, S. 2(16B), 101A, 114A]

S. 226 : Collection and recovery-Modes of recovery-Appeal pending before CIT (A)–Upon payment of Rs.15 lakhs-Garnishee proceedings lifted. [S. 226 (3)]

S. 158BFA : Block assessment–Penalty-Undisclosed income-Not disclosed in the return–15% of undisclosed receipt was added as undisclosed income–Penalty is leviable. [S. 158B(b), 158BC]