1

Commissioner (A) is not empowered to enhance income a new source of income vide 82ITR 9Trib) 176
1

It is assessee’s choice to select a method for determining FMV of shares vide 81 ITR (Trib) (SN) 78
1

No TP adjustment of trade receivables in case of a debt-free company vide 81ITR (Trib) (SN) 94
1

To accord registration as a charitable institution under income tax dominant purpose must be charitable and satisfies the conditions laid down us 2(15) vide 426ITR108 despite having non charitable ancillary objects meant to achieve the dominant purpose
1

Transactions with dubious entities is reason enough for case reopening vide 421ITR624

Appeal versus writ

ByCA Gopal Nathani

May 4, 2021

Vide ( 2021] 17 ITR-OL 270 (Ker) no appeal lay to the High Court from the order of the Tribunal rejecting the application for rectification.

So much so that the High Court, in this case, held that there is a difference between the language employed in section 256 and that in section 260A of the Income-tax Act, 1961. While section 256 provided for reference by the Tribunal to the High Court on “any question of law”, section 260A permits an appeal from “every order passed in appeal by the Tribunal”. The rejection of an application for rectification under section 254(2) will not be an “order in appeal” and there could be no appeal filed under section 260A of the Act.

However, the Court made it certain that the party to a statutory appeal cannot be without remedy from an order prejudicial to that party and definitely the writ jurisdiction in such a case can be invoked.