S. 153C: Assessment-Income of any other person-Search-Proceedings under section 153C mandatory-Reassessment under sections 147/148 invalid-Loose paper found from third party-Statement of accountant not tested by cross-examination-Addition deleted-Return filed in response to notice under section 148-Notice under section 143(2) mandatory-Assessment invalid.[S. 132, 147, 148]

S. 153A: Assessment-Search-Unabated assessment-No incriminating material found during search-Addition towards unsecured loans and commission deleted–WhatsApp messages found in third person’s mobile phone-Not incriminating material for completed assessment-Addition deleted-Assessment of third person Satisfaction note mandatory-Procedure under section 153C not followed-Assessment unsustainable [S. 68, 69C, 132, 153C]

S. 153A: Assessment-Search-Unabated assessment-No incriminating material found during search-Addition based on third-party statements recorded outside search-Not sustainable-Conditions for reopening under fourth proviso to section 153A not fulfilled-No seized material representing escaped income in the form of assets-Addition deleted.[S. 68, 69C 131, 132, 142(1)]

S. 148: Reassessment-Notice issued by non-jurisdictional Assessing Officer-Assessment completed by jurisdictional Assessing Officer without fresh notice-Invalid.[S. 147]

S. 147: Reassessment-Reasons recorded for reopening based on cash deposits-No addition made on recorded reasons-Addition on other issues beyond jurisdiction-Assessment quashed. [S. 148]

S. 143(3): Assessment-Document Identification Number (DIN)-Absence of DIN on assessment order-No prejudice established-Assessment not invalid-Digital signature-Absence of proof of prejudice-Assessment not invalid-Search assessment-Approval by Additional Commissioner-Prior approval obtained-Assessment valid.[S. 132, 153D, 282A]

S. 143(1): Assessment-Intimation-Employees’ contribution to Provident Fund and ESI-Delay in deposit-Adjustment while processing return under section 143(1)-Valid-Processing of return-Intimation dated 31-3-2021 communicated by e-mail on 1-4-2021-Not barred by limitation-Prima facie adjustment-Incorrect claim apparent from return-Adjustment based on tax audit report-Valid-Prima facie adjustment-Prior intimation through e-mail-Compliance with principles of natural justice. [S. 36(1)(va), 143(1)(a)]

S. 115JB: Company-Book profit-Minimum Alternate Tax-Book profit-Sales tax subsidy-Capital receipt-Subsidy reduced from written-down value of assets-Not includible in book profit. [S.2(24)(xviii)]

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Captive software development services-Business closed after expiry of service agreement-Adjustment cannot be made on expenses incurred for closure of operations-Notional income not taxable.[S.92CA]

S. 92C: Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Advertisement, Marketing and Promotion (AMP) expenditure-Revenue failed to establish existence of international transaction-No transfer pricing adjustment-Information Technology support services-Separate international transaction-Matter remanded for fresh benchmarking.[S.92, 92B,92CA, 92F]