S. 147 : Reassessment-After the expiry of four years-Facts was disclosed to the Assessing Officer in the original assessment proceedings–No new material–Reassessment based on change of opinion-Held to be not valid. [S. 12A, 148, Companies Act 1956, S. 25]
S. 144C : Reference to dispute resolution panel–Failure to consider objection-Failure of statutory authority to exercise its jurisdiction and non-application of mind-Amenable to writ jurisdiction-Matter remanded to DRP. [S. 9(1)(vi), Art. 226]
S. 143(2) : Assessment–Notice–Limitation-Notice was not issued within prescribed time – Order is barred by limitation. [S. 143(3)]
S. 142(2A) : Inquiry before assessment–Special audit–Search proceedings-Individual not required to be maintain account statutorily Providing accommodation entries–Order for special audit is held to be justified-Petition also dismissed on the ground of belatedly approaching the Court. [Art. 226]
S. 139 : Return of income–Delay in filing revised return-Amalgamation-Sanction of company Law Tribunal is not binding on Income-Tax Authorities-Application for condonation of delay to me made. [S.119, Companies Act, 2013, S. 230(5), Constitution, Art. 226]
S. 133A : Power of survey–Undisclosed income-Admission of excess stock and excess cash–Addition is held to be valid–Mentioning of wrong section in the assessment order does not make addition as unsustainable. [S. 69B, 69C, 131]
S. 132A : Powers-Requisition of books of account–Search and seizure–Cash found from the employees of Courier services-Explanation that the cash was withdrawn from several bank accounts–Failure to produce relevant documents–Issue of warrant of authorisation is held to be valid. [S. 131, 132, Art. 226]
S. 132(4) : Search and seizure-Statement on oath–Evidentiary value–Retraction-Statement cannot be discarded merely on ground that it was retracted. [S. 131, 132, 133A]
S. 127 : Power to transfer cases–Transfer for purposes of co-ordinated investigation-Mode of investigation need not be disclosed-Notice to transfer implies that both the Commissioners are in agreement–Manner of agreement need not be recorded-Transfer is held to be valid–Writ is held to be not maintainable. [S. 127(2)(A), Art. 226]
S. 115JA : Book profit–Deduction u/s. 80HHC is to be allowed on the basis of book profits and not on the basis of eligible profits under S. 80HHC. [S. 80HHC]