S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amalgamation- Depreciation-Demerger-Goodwill-Difference between net assets and shares to be issued credited as goodwill and depreciation allowed – Scrutiny assessment- Order of Tribunal setting aside revision order was affirmed.[S. 32(1), 43(6), Expln. 3(b), 143(3), 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Amalgamation-Depreciation-Demerger-Goodwill-Difference between net assets and shares to be issued credited as goodwill and depreciation allowed – Scrutiny assessment- Order of Tribunal setting aside revision order was affirmed by High Court – SLP of revenue was dismissed, [S. 32(1), 43(6), Expln. 3(b), 143(3) Art, 136.]

S. 260A : Appeal-High Court-Delay in filing appeal-Discretion to condone delay-Sufficient cause for delay-Delay to be condoned.

S. 250 : Appeal-Commissioner (Appeals) – Procedure-Additional grounds -Death of assessee-Pendency of application- Order dismissing the appeal – Order set aside and matter remanded to appellate authority for disposal of appeal afresh in light of application for additional grounds and orders passed by Assessing Officer for other years.[S. 246A, Art. 226]

S. 245D : Settlement Commission-Settlement of cases-Procedure – Application-Single judge allowing writ petition filed by Commissioner of Wealth-tax and Commissioner of Income-tax against order under section 245D(4) passed by Settlement Commission No allegation that decision of Settlement Commission not in accordance with provisions of Act or based on bias, fraud and malice-Order of single judge in writ petition set aside-Blackstonian theory- Precedent Retrospective application of later judicial decision theory-Decision rendered later would have retrospective effect clarifying legal position which was earlier not correctly understood.[S. 245B(3), 245D(4) Art. 226]

S. 245D : Settlement Commission-Settlement of cases-Return of income-Delay in filing of return – waiver of interest-Delayed filing of return as of copies of documents seized by Department not supplied in time to assessee-Cause for delay accepted by Settlement Commission-Settlement Commission reducing interest to 50 per cent.-No reasons assigned for partial reduction of interest-Complete waiver warranted when circumstances beyond assessee’s control Income- Advance tax- Seizure of cash not related to payment of advance tax-Settlement Commission right in refusing to waive interest for default in payment of advance tax. [S.220(2), 234B, 234C, 245D(4), Art. 226]

S. 245D : Settlement Commission-Settlement of cases-Advance tax-Interest-Search and seizure-Seizure of cash not related to payment of advance tax High Court holding Settlement Commission right in refusing to waive interest for default in payment of advance tax – SLP of assesseee dismissed. [S. 234B. 234C, 245D(4), Art. 136]

S. 237 : Refunds-Dividend distribution tax – Income-tax Refund order Essential factors Order must reflect conclusive and final- Preliminary or prima facie opinion not sufficient. Communication not demonstrating full and final satisfaction regarding entitlement to No breach of article 265 of Constitution where refund not conclusively determined Refund cannot be granted based on such communication. Fresh adjudication ordered. [Art. 265]

S. 234A : Interest-Default in furnishing return of income-Waiver of interest- Return filed voluntarily after receipt of letter from Assessing Officer-Delay owing to old age of assessee and assessee being illiterate-Factors can be treated as unavoidable circumstances-Waiver must be granted-Notification dated 23-5-1966(1997) 235 ITR 101 ( St ) [S. 119(2), 139, 234B, 234C,Art. 226]

S. 151A: Face less assessment scheme-Notices issued and orders passed outside purview of Jurisdictional Assessing Officer in faceless mechanism and hence set aside-Revenue given liberty in accordance with new procedure on outcome of Supreme Court decision in pending special leave petition on similar issue.[147, 148, 148A(b),148A(d), 151A, Art. 226]