S. 226 : Collection and recovery – Modes of recovery – Garnishee proceedings- Recovery effected on same day and garnishee proceedings initiated with in two days of amount becoming due – Guide lines – Order of single judge modified . [ S.80P(4), 226(3) (iii) ]
S. 158BC : Block assessment – Undisclosed income –Agricultural income- Seized material and statement – Due date for filing of return was not expired – Deletion of addition – Tribunal bound to give reasons for reversing findings rendered by lower authorities — Deletion of addition is held to be not justified .[ S.69A, 132(4) 158BA, 158BC 254(1) ]
S.148: Reassessment — Notice —Reasons not recorded- Notice is held to be not valid [ S.147 ]
S.147: Reassessment —Amalgamation – Notice issued against transferor-Amalgamating entity ceases to have existence- Notice and subsequent proceedings unsustainable [ S.148 , Art , 226 ]
S.147: Reassessment —Notice issued in name of dead person — Notice and proceedings invalid [ S.131(IA) 148 ,159 , 292A Art . 226 ]
S.147: Reassessment-After the expiry of four years- There was no failure to disclose material facts — Mere change of opinion — Notice s held to be not valid [ S.148 ]
S.147: Reassessment — -After the expiry of four years- Deemed dividend — No obligation to disclose when the assessee was not benefitted .[ S.2(22) ( e ) , 148, Art , 226 ]
S.147: Reassessment-After the expiry of four years- Purchasing non-performing asset from Bank and receiving payment -Alleged bogus entry provider – Reasons neither supported by an affidavit or oral submission — Notice is held go be invalid . [ S. 148 ]
S.144: Best judgment assessment – Bogus purchases -Hawala entries -Sales tax department – Income from undisclosed sources — Estimate of profits at 5% of bogus based is held to be justified [ S.142(1) ]
S.142(2A): Inquiry before assessment– Special audit– Limitation – Block assessment -Date of order on special audit to be taken and not date on which order was served on the assessee- Order is not barred by limitation . [ S.158BE ]