S. 197 : Deduction at source-Certificate for lower rate-Payment to Non-Resident-Reimbursement of cost-to-cost payment-Payment for authorisation to use licensed computer software-No transfer of copyright-Payment not royalty-Duty of Assessing Officer to examine whether income in question chargeable to tax Eligible assessee-Draft assessment order-Rejection of application for certificate of nil deduction of tax based on draft assessment order is not proper-Rejection order is set aside.[9(1)(vi), 144C, 195, Art. 226, R.28AA(2)]

S. 194N : Payment of certain amounts in cash- Deduction of tax at source-Constitutional validity of provisions-No evidence that assessee was business correspondent-Liable to deduct tax on cash withdrawals-Constitutional validity upheld. [S.197, Art. 265]

S. 153C : Assessment-Income of any other person-Search and seizure-Limitation-Six years in respect of which assessment permitted to be reckoned-Date of commencement-Commences from date materials handed over to jurisdictional Assessing Officer of third person-Threshold limit of Rs. 50 Lakhs-Not qualifying criteria for each of relevant assessment year of period independently-Cumulative computation in excess of Rs. 50 Lakhs qualifies statutory requirements-Search assessment in respect of all searches conducted between 31-5-2003 and 31-3-2021-Legislative Intent-No immunity intended to be attached to assessments attaining closure before 31-3-2021-Date of receipt of books of account or documents or assets seized or requisitioned by jurisdictional Assessing Officer of non-searched person and not actual date of search-Amendments of 2017 is not applicable since search was conducted prior to introduction of amendments-Consequently extended ten year block period cannot be applied. [S. 132, 153A, 153C, 260A]

S. 153A: Assessment-Search-Finding of Tribunal that premises searched were not of assessee-Assessment proceedings is invalid-No substantial question of law.[S.260A]

S. 153 : Assessment-Reassessment-Limitation-Tribunal remanding matter to Transfer Pricing Officer-Limitation for passing final order nine months computed from date of order of Tribunal-No question of second reference being made by Assessing Officer to Transfer Pricing Officer-Tribunal has the power to remand matter to Transfer Pricing Officer. [S.92CA(1)144C, 254(1),Art. 226]

S. 153 : Assessment-Limitation-Remand by Tribunal-Remand on limited issue-Order of Tribunal is affirmed. [S. 153(3)(ii), 260A]

S. 153 : Assessment-Limitation-Remand by Tribunal-Remand on limited issue-Order of Tribunal is affirmed by High Court-SLP of Revenue is dismissed on account of delay [S. 153(3)(ii), Art. 136]

S. 151 : Reassessment-Sanction for issue of notice-Merely stating “Yes”-Non-application of mind-Notice And Reassessment Proceedings Invalid. [S. 147, 148, 260A]

S. 149 : Reassessment-Time limit for notice-Notice after three years-Limitation-Extension of limitation period under 2020 Act-Notice for Assessment Year 2016-17 issued after April 2021-Alleged escapement of income less than Rs. 50 Lakhs-Notice is barred by limitation.[S. 147, 148,151, 156, Taxation and other Laws (Relaxation In Amendment Of Certain Provisions) Act, 2020, Art. 226]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Ex-parte order-If debits considered escapement of income would be within threshold limit of Rs. 50 Lakhs-Opportunity of hearing is not given-Assessment order and notices are quashed and set aside. [S. 147, 148, 148A(b), 148A(d), Art. 226]