S. 147 : Re-assessment-Search-On money-Additional ground-AO made reopening relying upon information received from search proceedings in case of third party-Held reassessment proceedings null and void-Only 153C valid in case of information received from third party-Assessment was quashed. [S.132, 148, 153A, 153C, 254(1)]

S. 147 : Reassessment-Recorded reasons-Complete text of reasons recorded was not given-Sanction was vague-No new tangible material on record-Reassessment was quashed. [S. 148, 151]

S. 147 : Reassessment-Borrowed satisfaction-Cash credits-Accommodation entries-AO issued reopening notice merely on basis of information received from department and he had not pointed out as to how investment in question was unexplained income of assessee, order passed by AO was to be quashed. [S. 68, 132, 147, 148]

S. 143(3) : Assessment-Search and Seizure-On money-Loose sheets-Purchase of land Addition on the basis of statement of third party-AO made addition based on the statement given by third party-No incriminating material found suggesting the payment of on-money consideration-Tribunal Deleted addition. [S. 132(4), 132(4A)]

S. 142A : Estimate of value of assets by Valuation Officer-Search and seizure-DDIT (Inv)/ADIT (Inv) was empowered to make reference to Valuation Officer inserted by section 132(9D) only after 1-4-2017 by an amendment by Finance Act, 2017-Addition made on the basis of valuation report was held to be not valid-Valuation report cannot be considered as incriminating document. [S. 132(9D), 153A]

S. 132(4) : Search and seizure-Statement on oath-When the addition was made on account of seized material once again addition cannot be made on the basis of statement which will lead to double addition. [S. 132, 143(3), 153A]

S. 124 : Jurisdiction of Assessing Officer-Return filed in Kolkata-Proof of change of address in PAN database proved that assessee had changed his address properly and department was already in knowledge of address of assessee at Kolkata-Assessment initiated by Assessing Officer from Kanpur-Notice and assessment is held to be in valid. [S. 142(3), 143(3), 150]

S. 115-O : Domestic companies-Tax on distributed profits- Whether the protection granted by the tax treaties under section 90 of the Income-tax Act 1961, in respect of taxation of dividend in the source jurisdiction, can be extended, even in the absence of a specific treaty provision to that effect, to the dividend distribution tax under section 115 ‘0’ in the hands of a domestic company ? Registry is directed to place the matter before the Honourable President for his kind consideration for the appropriate orders. [S. 255(4)]

S. 115JB : Book profit-When income is not reported in its P&L account, could not be said that its prepared in accordance with Part II and III of Schedule-VI to Companies Act. AO is justified to re-compute book profit u/s. 115JB-Disallowance u/s. 14A r.w. rule 8D is not to be applied while determining book profits. [S. 14A, R. 8D]

S. 92C : Transfer pricing-Arm’s length price-Corporate guarantee distinct from bank guarantee-Average of guarantee fee paid by assessee cannot be questioned.