S. 194LA : Deduction at source–Agricultural land-Compensation on acquisition of certain immoveable property-From report of Halqa Patwari it was evident that land of assessee acquired by Government was ‘Gairmumkin’ in nature, and same was not agricultural land, compensation received by assessee in pursuance of land acquisition proceedings was subject to TDS [S 2(14)(iii), 10 (37), 45, 119, 237, Art. 226]

S. 194A : Deduction at source-Interest other than interest on securities–Deposits made by the petitioner societies with the Co-operative Banks, they would be entitled to the benefit of exemption under S.194 4A(3)(iii)(v) of the Act and, in respect of the deposits made by the petitioner societies with the Treasury, they will not be entitled to the benefit of exemption under S. 194A(3)(iii)(a) of the Act. [S.44AB, 194A(3) (iii) (v), 194A(3)(iii) (a), Art. 226]

S. 147 : Reassessment–With in four years-Commercial production-Every non-disclosure of material facts will not or cannot be a justifiable reason for reopening an assessment-What was required to be considered is that, substance over form-Order of single judge is affirmed. [S. 10B, 148, Art. 226]

S. 147 : Reassessment–With in four years-Issue of shares at premium-Mere production before the AO the Account Books, or other evidence, from which material evidence could, with due diligence, have been discovered by the Assessing Officer, would not necessarily amount to disclosure within the meaning of the First Proviso to S. 147–Court perused the Investigation report which was referred while issuing the notice of reassessment-Notice of reassessment is held to be valid-Writ petition is dismissed-Awarded costs of Rs. 1 lakhs to be paid to The Delhi High Court Advocates Welfare Trust. [S.68, 143(1), 148]

S. 147 : Reassessment–With in four years–Capital gains-Valuation-Reassessment is held to be valid–Referring the matter for valuation to the file of the AO is held to be valid. [S. 2(47)(v), 50C), 148]

S. 147 : Reassessment–With in four years-Tax frauds-Reasons to believe have been recorded in meticulous details by the AO-Approval was obtained before issue of notice-Notice of reassessment is held to be valid in law. [S. 148, 151]

S. 147 : Reassessment-After the expiry of four years-Unabsorbed depreciation–No failure to disclose material facts–Reassessment is held to be bad in law. [S. 32, 148, 149]

S. 147 : Reassessment-After the expiry of four years-Housing projects–Completion certificate–No failure to disclose material facts–Reassessment notice is held to be bad in law. [S.80(IB)(10), 148, Art.226]

S. 143(3) : Assessment–Direction of appellate Tribunal-Decide the issue a fresh-AO cannot go beyond the direction-Writ of the assessee is allowed. [S. 44AD, 254(1), Art.226]

S. 142(2A) : Inquiry before assessment–Special audit–Opportunity of hearing was given–Writ to quash the special audit is dismissed. [S. 142(1)]