S. 245C : Settlement Commission-Settlement of cases-Conditions-Jurisdiction-Rejection of application-Order of rejection is valid-Court can only ensure proper implementation of law by statutory authority-Not duty of court to legislate or issue any circular or notification.[S.119(2)(b) Art. 226]

S. 245C : Settlement Commission-Settlement of cases-Conditions-Retrospective amendment made by the Finance Bill, 2021-Pending applications-last date for filing of application in Section 245C(5) should be read as 31-03-2021 instead of 01-02-2021 and consequently the last date mentioned in the circular should also be read as 31-03-2021 and thus, the pending applications between 01-02-2021 to 31-03-2021 and as on 31-03-2021 should be deemed as pending applications for purposes of consideration by Interim Board-Court cannot substitute its opinion to abolition of Settlement Commission. [S. 245A, 245C (5), 245D(11), Art. 226]

S. 237 : Refunds-Interest on refunds—Public money-Technical issues at the Centralized Processing Center (CPC)-The High Court reprimanded the Department, stating that the interest is payable in law until the date of refund, and the Department failed to realise that it is the public money used to pay interest, which is a burden on the exchequer. A copy of the Order was asked to be sent to the Honourable Prime minster, The Hon’ble Finance Minister GOI, The Hon’ble Law Minister, the Central Board of Direct Taxes and to the Attorney General for India for information and necessary action.[S. 244A, Art. 226]

S. 234A : Interest-Default in furnishing return of income-Self assessment tax paid was to be deducted from the tax payable as per the assessment order for the purposes of calculating interest payable-No substantial question of law.[S. 140A, 260A]

S. 221 : Collection and recovery-Penalty-Tax in default-Dues payable to creditors for periods preceding the date of approval of the Resolution Plan can only be paid as per terms contained therein and therefore, demand recovery notices and consequent orders issued for preceding period are unsustainable in law and unenforceable. [143(3), 147, 148, 153A, 221(1), 271(1)(c), Insolvency and Bankruptcy Code, 2016., S. 31, 238, Art. 226]

S. 220 : Collection and recovery-Assessee deemed in default-Stay–Attachment of bank accounts-Attachment of bank accounts-Attachment of pension account to recover the outstanding dues-not justified.

S. 220: Collection and recovery-Assessee deemed in default-Stay-Attachment of bank accounts–The Revenue was directed to lift attachment so far as pension of the assessee concern and he was allowed to withdraw pension-Embargo on the petitioner from withdrawing any other amounts deposited in the attached account was continued with direction to appellate commissioner to dispose appeals within 3 months from the date of the High Court’s order.[Art. 226]

S. 194C : Deduction at source-Contractors-Work contracts-Payments for testing and commissioning of BTG and to CIPL for installation and commissioning of BOP-Rightly deducted under section 194C and not under section 194J [S. 194J,201]

S. 194N : Payment of certain amounts in cash-Withdrawal of cash in excess of Rs. 1 crore-Representation to Government-The High Court directed the MOF and CBDT to examine representation, call for related details/supporting documents, provide full opportunity of hearing to all stakeholders and pass reasoned order dealing with each contentions in accordance with law and until such exercise is taken, restrain from taking any coercive recovery u/s. 194H of the Act.[S. 119, Art. 226]

S. 194C: Deduction at source-Contractors-Technical services-Processing of milk attracts deduction of tax at source under section 194C at 2 per cent is rightly deducted-Order of Tribunal is affirmed.[S. 40(a)(ia), 194J, 260A]