S. 147: Reassessment-Non-Resident-Permanent Establishment-Transactions found to be at arm’s length-Supplying materials through direct imports to Indian Railways-Allegation of wholly owned subsidiary-No material to prove conclusively that Indian Subsidiary’s place assessee’s Permanent Establishment falling in any of three Categories-High Court quashed the reassessment-Order of High Court affirmed-SLP of revenue dismissed DTAA-India-USA. [S. 92CA, 133A, 148, Art. 5(1), 5(2), 5(3), 5(4)]

S.147: Reassessment-Cash credits-Share capital-Nature and source of receipts had been satisfactorily explained/proved, and the Assessing Officer had not contradicted the explanation/information given by the assessee-Reassessment notice and consequential orders were quashed-SLP of revenue dismissed on account of delay of 198 days and also on merits. [S. 68, 148, Art. 136]

S. 147: Reassessment-CSR expenditure was claimed under sections 35AC and 80G-No fresh tangible material-Order of the High Court quashing the reassessment is affirmed-delay of 142 days-SLP of revenue dismissed on account of delay as well as on merits. [S. 35AC, 80G, 148, Art. 136]

S. 147: Reassessment-After the expiry of four years-Depreciation-Slump sale-Goodwill-High Court quashed the reassessment proceedings-SLP of revenue dismissed. [S. 32, 143(3), 148, Art. 136]

S. 144B: Faceless Assessment-Natural justice-Failure to give reasonable opportunity of hearing-Assessment order, consequential demand notice and penalty notices/order were liable to be quashed, and matter remanded for de novo consideration with directions to issue fresh show-cause notice, grant reasonable opportunity including personal hearing, and pass a speaking order. [S 144B(6)(vii), Art. 226]

S. 144B: Faceless Assessment-Principle of natural justice-Only three days to respond to the notice-Assessment order was quashed, and proceedings were to be remanded to the Assessing Officer to pass a fresh assessment order.[S. 119(2)(b), 144B(1)(xvi, Art. 226]

S. 144B : Faceless Assessment-Assessment order was completed by Jurisdictional Assessing Officer-Amended provisions of section 144B inserted by Finance Act, 2021 mandated that assessments under section 143(3) be carried out in a faceless manner and the department was unable to show any reason for not following such mandatory procedure-assessment order was set aside-Violation of principle of natural justice was not accepted. [S.40A(3) 68, Art.226]

S. 143(3): Assessment-Demerger-Amalgamation-Effect of order of Tribunal or court in respect of business reorganisation-Post-completion of assessment that considered modified return under section 170A, Assessing Officer had become functus officio and lacked jurisdiction to reassess the same matter by issuing fresh notices-Ad interim relief was granted. [S. 143(2), 170A, Art. 226]

S. 143(3): Assessment-Merger-Amalgamation-Final assessment order was passed in the name of a non-existent entity; the order was quashed. [S. 144C, 260A]

S. 132B: Application of seized or requisitioned assets-Search and seizure-Seizure of jewellery-Liability was settled under Vivad Se Vishwas Scheme-Continued detention of jewellery on tax demand of joint locker holder was held to be illegal-Directed to release the jewellery. [S. 132, 153A, Art. 226]