S.156A: Modification and revision of notice in certain cases -Demand and recovery – Since the resolution plan has yet to be finalized, remanding the appeal to the AO is necessary- The AO will take the required steps before the NCLT in compliance with s.156A and the IBC provisions. [S. 156 , 178 , Insolvency and Bankruptcy Code, 2016, S. 14 ]
S. 154 : Rectification of mistake -Mistake apparent from the record – Tax deducted at source – Rectification proposing withdrawal of refund of tax deducted at source – Rectification order is not valid .[ S. 143(1) ]
S. 153C : Assessment – Income of any other person – Search –
– Satisfaction note prepared without application of mind and without referring to the incriminating material found during the course of Search – Assessment order is quashed . .[ S. 132 ]
S. 153B : Assessment – Search – Time limit – Assessment of any other person- Satisfaction note was drawn in assessment year 2018 -19 – Order passed beyond period of limitation of six years – Barred by limitation .[ S. 143(3),153C ]
S. 153B: Assessment – Search – Time limit – Limitation to pass the assessment order expired on 31.12.2020- Order passed on 21-4 -2021 is barred by limitation . [ S. 69B , 132 ,153A , 153C ]
S. 153A: Assessment – Search – Addition can not be made in the absence of incriminating material found during the search. [ S. 69A , 69C, 132 ]
S. 153A: Assessment – Search – No addition can be made merely on the basis of statement -On money – Presumption- Addition is deleted .[ S. 132, 153C, 292C ]
S. 153A: Assessment – Search – Revenue followed detailed guidelines during the search – Approval under the section cannot be considered as granted mechanically- Matter is restored to CIT(A) . [ S. 153D ]
S. 151 : Reassessment – Sanction for issue of notice –
– Notice u/s 148 issued beyond 3-year period – As per amended Section 151 (post 01.04.2021), approval from PCCIT/CCIT was required, but approval was taken from PCIT – Reassessment proceedings quashed. [ S. 147 , 148 ]
S. 151 : Reassessment – Sanction for issue of notice –Approval is granted in mechanical manner – Reassessment is quashed
Communication of assessment order – Assessment orders and demand notices issued u/s. 156, without a Document Identification Number (DIN) are unsustainable in law and can be considered invalid. [ S. 119 , 147 148 , 156 ]