S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deemed dividend-Unsecured loan from its group companies-Delay of 470 days-SLP dismissed on ground of delay as well as on merits. [S. 2(22)(e), Art.136]

S. 260A : Appeal-High Court-Procedure to be adopted by High Court — Court must formulate question and admit appeal-Hear parties and dispose of appeal-High Court admitting appeal without formulating substantial question of law and hearing appeal on merits and reserving judgment — Question of law thereafter framed and appeal allowed — Procedure not in consonance with law-Judgment was set aside and matter is remanded to High Court for reconsideration of appeal. [S. 260A(7), Civil Procedure Code, 1908, S.100, O. XLII, R. 1]

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Value of any benefit or perquisites-Converted in to money or not-Borrowed term loans and working capital loans from bank-One time settlement (OTS)-Principal value of loan-Order of Tribunal dismissing the miscellaneous application is set aside-Directed the Tribunal to reconsider the application-Writ petition-Discretion of the Court. [S.4, 28(iv), Art. 226]

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 seek another date of hearing-Order of High Court is set aside-Matter is restored to the file of the CIT(A).[S. 54F, Art. 136]

S. 245H : Settlement Commission-Power-Grant immunity from prosecution and penalty-Order of High Court remanding the matter to Settlement Commission to determine fresh, the question as to immunity from levy of penalty and prosecution is set aside. [S. 245C, 245D, 271(1))(c), Art. 136]

S. 245 : Refunds-Set off of refunds against tax remaining payable-Recovery of tax-Must be given information regarding proposed adjustment-Strictures-For not obeying and considering the judgments of the Supreme Court, as well as the provisions of sections 220(6) and 245 of the Act and the circulars of the Department Cost of Rs 50000 was imposed on the Assessing Officer to be deposited with the Rajasthan State Legal Services Authority-High Court order imposing cost of Rs 50000 is set aside. [S. 220(6), 222, 223, 246A, Customs Act, 1962 S. 129(e), 235(f), Art. 14, 19, 265]

S. 237 : Refunds-Directed to refund verified amount along with interest and balance refund amount the Revenue is directed to locate the file and release the amount based on indemnity bond furnished by the assessee. [Art. 226]

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Rectification of mistake. [S. 220(6), 246A, Art. 226]

S. 201 : Deduction at source-Failure to deduct or pay-Foreign remittance-Purchase of subscription-No liability to pay tax in India-Cannot be treated as assessee in default-DTAA-India-Singapore. [S.9(1)(vii), 201(1), 201(IA), Art. 5, 7, 12(3), 12(4)(a) 12(4)(b)]

S. 199 : Deduction at source-Credit for tax deducted-Refund of tax deducted at source-Amount wrongly deducted to be refunded if person receiving payment is not claiming credit-Amount to be refunded with interest.[S. 115A,195,195A, 248, Art.226, 265]