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]

S. 179 : Private company-Liability of directors-Order against Ex-director of company-No steps were taken to recover dues from the company-Order is set aside. [Art. 226]

S. 176 : Discontinued Business—Company struck off from official register of companies-Reassessment-Directors-Reassessment proceedings against the Directors in case of struck companies. S. 176 is applicable only when the company has discontinued the business. [S. 147, 148, 176(5), 176(7), Companies Act Art. 226]

S. 154 : Rectification of mistake-Mistake apparent from the record-Inadvertently disclosed income in its return-Return was accepted u/s. 139(1)-Rectification is rejected-Tribunal allowing the claim-Dismissing the appeal the Court held that merely because respondent included the income in the return as taxable cannot make it amenable to imposition of tax-DTAA-India-USA [. S. 139(1),143(1), 260A, Art. 14]

S. 153A: Assessment-Search-Assessment prior to search-Order of High Court is affirmed-SLP of Revenue is dismissed.[Art. 136]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Notice issued after three years-Barred by limitation-Travel back in time theory unsustainable-That the principle of constructive res judicata was not applicable. The orders passed under section 148A(d) and the consequent notices issued for the assessment years 2016-17 and 2017-18 under the amended provisions of section 148 of the 1961 Act were unsustainable. [S. 148, 148A(b) 148A(d),149, Art. 142, 226]