S. 4 :Charge of income-tax – Discrepancy in AIR data and Form 26AS – Assessee disputed certain transaction reflected in AIR data but claimed credit of TDS – Held, not permissible – Held, AO to verify whether credit of TDS wrongly taken and whether the income does not belong to the assessee. [ Form 26AS]

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Third party statement not provided to the assessee, during revisional proceedings, basis which fresh enquired directed – Order is Invalid and remanded to the CIT for providing material and hearing objections.

S. 260A : Appeal – High Court -Notice of motion for disposal of appeal vis-a-vis pendency of appeal in the first round – Directions sought –To decide the second round of appeal basis decisions rendered by various Courts cannot be granted as the second round of proceedings have not yet culminated in a final order of the Tribunal. [ S.254 (1)]

S. 245HA : Settlement Commission – Income-tax Settlement Commission (ITSC) went wrong in rejecting assessee’s settlement petition treating it as having abated under S. 245A(1)(iv) without any finding that the delay was attributable to the assessee [ S.245C, 245D]

S. 246A : Appeal – Commissioner (Appeals) –Filed before wrong authority-Appeal for AY 2015-16 was filed before wrong authority i.e. Ayakar Sevakendra [ASK] instead of CIT(A)] – CIT(A) to entertain the appeal filed (on merits) along with stay applications and pass orders on stay – Demand to be kept in abeyance till CIT(A) passed the relevant orders- Matter remanded.

S. 194H : Deduction at source –Commission or discount to distributors – Arrangement between assessee company and the distributor that of principal to principal basis- Amount receivable from distributor was adjusted / reduced and no commission was paid as such – Regarding MRP – restrictions on distributor (price fixed and expenses to be managed by distributor)- not to decide the relationship of principal and agent – Provisions of S.. 194H were not applicable and proceedings under S.. 201 or S.. 201(1A) are misconceived.[ S.201, 201(IA)]

S. 147 : Reassessment – After the expiry of four years – Special audit report subsequent to assessment indicated claims made by the assessee for deduction and expenditures were excessive -Prima facie, no benefit of first proviso to S. 147to assessee –Order disposing objections – Considered to be valid if each objection has been considered and found unacceptable – Reopening sustainable.[ S.142(2A) ,148 ]

S. 147 : Reassessment – After the expiry of four years – Full and true disclosure – Merger of AO’s order with order of CIT(A) – AO having rejected the claim of deduction under S. 80-IA(4)and the CIT(A) allowing the claim in its entirety – AO cannot reopen this very claim for possible disallowance of part thereof

S. 142(2A) : Inquiry before assessment–Special audit–Limitation- Manipulation in dates by Department proved-Notices of SLP against order of High Court dismissing Writ petition against special audit under S.. 142(2A) issued and directions of High Court order stayed.

S. 115JA : Book profit – Adjustment of provision for bad and doubtful debts [under Clause (c) of S. 115JA(1)] is permitted only when such provision is made for an unascertained liability.