S. 245D : Settlement Commission – Pendency of assessment -Once the assessment is made by the Assessing Officer by passing the order of assessment, the case can no longer be stated to be pending. An application for settlement would be maintainable only if filed before that date. The date of dispatch or service of the order on the assessee would not be material for such purpose Matter -Precedent -Settlement Commission must follow decision of jurisdictional High Court- Case remanded to Settlement Commission- .[ S.245C ]

S. 244A : Refunds – Interest on refunds – Search and seizure — Tax dues appropriated from seized cash — Balance to be returned with interest.[ S. 132 ]

S. 194L : Deduction at source – Compensation on acquisition of capital asset -Compulsory acquisition of land for projects and paying sums to illegal squatters for their rehabilitation is not a case of compulsory acquisition from owners of land- Not liable to deduct tax at source .[ S.194LA, 201, 201A ]

S. 194C : Deduction at source – Contractors -Payment towards annual maintenance contracts for lifts and air conditioners is not technical services -Deduction of tax as contractor is justified payment cannot be treated as fees for technical services . [ S.194J , 260A ]

S. 158BD : Block assessment – Undisclosed income of any other person -Recording of satisfaction is not required where AO is the same .[ S.132 ]

S. 154 : Rectification of mistake – As long as the order of the Tribunal stood, the assessment order was required to be implemented-After giving effect to the order of the Tribunal -Notice issued for rectification of mistake on the ground of deduction was wrongly allowed is held to be bad in law .[ S. 54EC,115JB, 254(1) ]

S. 153A : Assessment – Search and seizure-No incriminating material was found- Rejection of claim u/s 80IB, 80IC is held to be not justified [ S.80IB, 80IC, 132 ]

S.147: Reassessment- Reason recorded was return was not filed -Affidavit in reply stated that possibility of application of S.50C- Incorrect reason- Notice is held to be bad in law .[ S. 50C, 139,148 ]

S.147: Reassessment-After the expiry of four years- Export oriented undertaking —Mentioning of wrong year of commencement of manufacture in Form 56G, when other materials furnished indicated correct year of commencement of manufacture is not a case of failure to disclose material facts — The proviso to S. 147 cannot be invoked on the Assessing Officer’s omission or mistake- Reassessment notice is held to be not valid – Notice is not barred by limitation .[ S.10B,148 ]

S.147: Reassessment-After the expiry of four years- No failure to disclose material facts-Deduction was allowed after scrutiny -Reassessment is held to be bad in law – Revision application of of the assessee was allowed .[ S.10B, 143(3),148, 264 ]