Interpretation of taxing statutes-Strict interpretation-Precedent-Judgment based on old, broader law cannot be used to interpret new, stricter provision.[S.36(1)(vii)]

Interpretation of taxing statues-Strict interpretation-Where words are plain and unambiguous, court bound to give effect to their plain meaning-Whether language is “plain and unambiguous” to be determined within context-Legislative intent-Crucial where language is ambiguous and capable of multiple constructions-Legislative purpose primarily to be gathered from specific words used by Legislature-Where language plain and unambiguous, court cannot read words into statute on notion that they would better serve legislative purpose-Aids to construction-Memorandum Explaining Provisions of Bill can be used to derive meaning of provision.[S.44C, 37 (1)]

S. 260A: Appeal-High Court-Block assessment-Search and seizure-Review of order-Substantial question of law framed as regards applicability of correct clause/sub-clause of any section/sub-section of section 158BB was not answered by the court while deciding the appeal; the same, in itself, could not be a ground to review the order. [S. 143, 158BB(1) 158BC, CPC, 1908, O XLVII, R 1]

S. 260A: Appeal-High Court-Substantial question of law-Question of law not earlier framed-Power to deal with necessary or incidental questions that arise-If parties had opportunity to address issues in dispute-Substantial question of law can be reframed. [Art. 136]

S. 255: Appellate Tribunal-Procedure-Functions-Strictures-Duties-Remarks and observations of court in respect of Members of Tribunal-Interim application by Judicial Member and Accountant Member seeking expunction of paragraph of court’s order containing detrimental remarks and observations causing harm to reputation-Paragraph of judgment containing remarks and observations expunged-Expunction of remarks not to be construed as comment with regard to merits of case.[S.254(1), 260A]

S. 254(1): Appellate Tribunal-Powers-Additional grounds-Challenge to validity of reassessment raised before Commissioner (Appeals) and rejected-Assessee in Department’s appeal filing application raising ground relating to validity of assessment-Tribunal justified in accepting ground and holding reassessment was on change of opinion and unsustainable in law.[S. 147, 148, (Appellate Tribunal) Rules, 1963, R. 27.]

S. 254(1): Appellate Tribunal-Powers-Limitation-Condonation of delay-Mistake of counsel by itself not always a sufficient ground-Delay of six years and 83 days-Order of Tribunal dismissing.

S. 254(1): Appellate Tribunal-Powers-Limitation-Condonation of delay-Delay of six to seven years-Tribunal finding lack of bona fides and gross negligence on part of assessee-Assessee aware of orders passed by Commissioner (Appeals) but tried to place responsibility on counsel-SLP of assessee dismissed. [Art. 136]

S. 158BC: Block assessment-Return-Search-Seizure of books of account-Return delayed-Tribunal treated delayed return as ‘non-est’ without considering impact of search and double taxation-Order was set aside, and matter was to be remanded for fresh adjudication. [S. 139(1), 158BB(1(ca), 158BC, 260A]

S. 153C: Assessment-Income of any other person-Search-Satisfaction note-Time limit for passing assessment order to be reckoned from 22-6-2022-Last date for passing assessment order has expired on 31-3-2024-Proceedings barred by limitation-Notice quashed and set aside.[S. 132, 153B, Art. 226]