S. 197 : Deduction at source – Certificate for lower rate –Only the concerned official has to record his satisfaction while issuing the TDS certificate-No functionary other than the officer referred to in the relevant statutory provision, namely S. 197 and Rule 28AA of the Income Tax Rules, 1962, is permitted to take over the jurisdiction or interfere in the exercise of the discretionary power envisaged by this statutory provision. [ R.28AA]

S. 153A : Assessment –Reamnd by Tribunal- Search-Limitation-The time limit of 2 years u/s 153B for framing search assessment orders applies only to the original order and not orders passed after remand-. Period of limitation prescribed for completion of remand (nine months) constituted a special provision, which applies to every class of remand regardless whether they originate from assessments/re-assessments/revisions or search and seizure assessments.-The time limit for passing remand orders is governed by S.153(3)/ erstwhile 153( 2A) & not by S. 153B- Limitation begins (for any purpose under the Act) from the point of time when the departmental representative receives the copy of a decision or an order of the ITAT- The last date by which the remand order could have been worked out validly was 31.12.2016. Accordingly the impugned order pursuant to the remand dated 22.12.2017 and all consequential orders and actions are hereby quashed. [ S.153(2A), 153B, 254(1) ]

S. 147: Reassessment – The information given by DIT (Inv) can only be a basis to ignite/ trigger “reason to suspect”. The AO has to carry out further examination to convert the “reason to suspect” into “reason to believe”. If the AO acts on borrowed satisfaction and without application of mind, the reopening is void .[ S. 92, 148 ]

S. 143(2): Assessment –Notice- Additional ground- Jurisdictional issue –Admitted – A notice u/s 143(2) issued by the AO before the assessee files a return of income has no meaning- If no fresh notice is issued after the assessee files a return, the AO has no jurisdiction to pass the reassessment order and the same has to be quashed [ S.147, 148 , 254(1)]

S. 80IC: Special category States – Manufacture of watches -Assembling will amount to manufacture – Allegation of the Dept that manufacture is not possible as the assessee has less number of employees, no sophisticated machinery and less electricity consumption cannot be the ground to reject the claim of the assessee.

S. 68: Cash credits- Bogus share capital-If (a) the assessee has furnished the Name, Address, PAN no and Share Application Form to prove that the shares were allotted to the applicants and (b) the bank statement show that money was received through banking channels and there were no immediate withdrawals to suggest that the share application amounts have been returned back to these parties in cash, it means the assessee has discharged the primary onus cast upon it to prove the identity, capacity and genuineness of transactions- Additions can not be made as cash credits.

S. 50C : Capital gains-Full value of consideration- Stamp valuation- Form v/s Substance -Security deposit was rightly apportioned between short term and long term capital gains- Interest-free security deposit cannot be treated as ‘full value of consideration- The amendment to include assessable value as full value consideration was inserted w.e.f. 01/10/2009 and, thus, the value assessable as per stamp value authority cannot be applied for taking full value consideration of the property for the year under consideration. Accordingly the question of referring the matter to the Valuation Officer in terms of section 50C(2) also does not arise. [S. 2(14, 45 ]

S. 23 : Income from house property – Annual value – Notional interest on interest-free security deposit cannot be added while computing annual value [ S.23(1) (b), 23(1)(ii) ]

S. 10(20) :Local authority – Urban improvement Trust constituted under Rajasthan Urban Improvement Act , 1959 is not local authority , hence not entitle to exemption – The functional test” as laid down in UOI v. R.C. Jain, (1981) 2 SCC 308 is not applicable after amendment of section 10 (20) of the Act by Finance Act , 2002 . [ S.10(20A ]

S. 2(22)(e):Deemed dividend- Merely because the shares are held by the minor son of the assessee and the loan is received by the assessee it cannot be established that assessee is the beneficial shareholder of 10% or more –Loan cannot be assessed as deemed dividend- Alternatively the amount received was advance rent in the Course of business hence cannot be assessed as deemed dividend .