S. 148 : Reassessment–Notice issued in name of deceased assessee—Department attempting to correct error by changing name of entity in reasons to believe”—Not curable defects notice is invalid –Failure to issue notice u/s. 143(2) with in prescribed time – Reassessment is in valid. [S. 143(2), 147, 159, 29BB]
S. 147 : Reassessment-After the expiry of four years-Approved garrulity fund –Failure to produce original order of approval does not amount to failure to disclose material facts–Reassessment notice is held to be not valid. [S. 36(1)(v), 148]
S. 147 : Reassessment-After the expiry of four years-No new tangible material- Disclosing and explaining all material facts during assessment proceedings-Deficiency in reasons recorded cannot be rectified in affidavit-Reassessment is bad in law.[S. 143(3), 148 ]
S. 147 : Reassessment-After the expiry of four years-Benefit of Double taxation benefit–Tax residency certificate-Introduced subsequently-Reassessment is bad in law-DTAA-India–UAE [S.148, Art. 4(b)]
S. 133A : Power of survey–Income from undisclosed sources- Disclosure in the course of survey–Project completion method- Addition can be made only in the year of completion of project- Deletion of addition is held to be justified. [S. 69A, 145]
S. 132 : Search and seizure–Validity-Objection that panchas were not present at the time of search- Cannot be raised for first time. before CIT(A) after a period of three years . [S. 153A]
S. 127 : Power to transfer cases–Co-ordinated investigation-Recorded reasons and opportunity of hearing was given-Transfer is held to be valid.[S. 127(2)(A)]
S. 127 : Power to transfer cases–Opportunity of hearing was granted to the assesse-Relative hardship-Order is valid.
S. 115JB : Book profit-Gains from sale of agricultural land-Not agricultural income-cannot be reduced-Provision for gratuity- Ascertained liability-Deductible. [S. 2(IA), 2(14)(iii)(a), 10]
S. 115J : Book profit-Anticipated loss on completion of contract-Includible in profits-Provision for gratuity-Bad debts-Not includible in profits.[S. 115JA, S.145]