S. 154 : Rectification of mistake-Mistake apparent from the record-Refund-Excess levy of surcharge-Strictures-Statutory remedy-Technological impediment cannot be a reason for harassing an assessee year after year and therefore, Income Tax Department should take steps to upgrade software instead of blaming technology for erroneous calculation of surcharge-Immediate steps must be taken by Revenue to upgrade software or take such other steps as might be necessary to ensure that such mistake did not occur in future-Central Board for Direct Taxes should also take necessary steps for rectifying software as issue might not be resolved by Jurisdictional Assessing Officer. [S. 156, 220, 237, 240, Art. 132, 226]

S. 153C : Assessment-Income of any other person-Search-Merely on the basis of statement under section 132(4) without any other material discovered during the search-No addition can be made-Order of Tribunal deleting the addition is affirmed.[S. 132, 132(4), 143(3), 260A, 292B]

S. 151 : Reassessment-After the expiry of four years-Sanction for issue of notice-Recording of satisfaction-There is no requirement for the CIT to record his own reasons and it would suffice that he records the satisfaction regarding the reasons recorded the AO. [S. 147, 148, Art. 226]

S 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Merger-Amalgamation-Notice in the name of non-existing amalgamating company-Transferor-company got merged with assessee/transferee-company under scheme of amalgamation and thereby lost its existence, assessment order passed subsequently in name of said non-existing entity, would be without jurisdiction and set aside. [S.147, 148, Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Natural justice-Order passed next day-Rules of natural justice are found completely broken-Order is quashed and set aside-AO is directed to pass the order after giving a reasonable opportunity of hearing. [S. 142(1), O 148, 148A(b)I, 148A((d), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice in the name of deceased-Non application of mind by the Assessing Officer and sanctioning authority-Notice and order disposing the objection is quashed. [S. 148, 148A(b), 148A(d), 151, Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Order by Jurisdictional Assessing Officer (JAO) and not by a Faceless Assessing Officer (FAO), as required by provisions of section 151A,-Notice under sections 148A(b)/148 was not sustainable and was liable to be set aside.[S.148, 148A(b) 148A(d), 151A(2), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Interest income-Any information-It is incumbent on the AO to apply his mind to all such materials-Any information which is derived from S. 135A would be sacrosanct and/or would be free of defects-Interest income received from the bank-Notice issued is arbitrary and vitiated by non application of mind hence quashed. [S. 135A,143(1), 148A(b), 148A(d), Art. 14,19(1)(g), 226, 265, 300A]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Charitable trust-Accumulation of income-Delay in filing Form No.10 and Form No. 10B-The action for reassess is not founded on income liable to tax having escaped assessment-Notice and order disposing the objection is quashed.[S.11(2), 11(5),148A(b), 148A(d), Form No 10, 10B. Art. 226]

S. 148A: Reassessment-Limitation–Conducting inquiry, providing opportunity before issue of notice-TOLA overrides Income-tax Act to extent of relaxing time limit for issue of reassessment notice which fell for completion from 20-3-2020 to 31-3-2021, till 30-6-2021-Section 3(1) of TOLA relaxes time limit for compliance with actions that fall for completion from 20 March 2020 to 31 March 2021 and TOLA will accordingly extend time limit for grant of sanction by authority specified under section 151-Entire time allowed to assessee to respond to show cause notice has to be excluded for computing period of limitation and thus, period from date of issuance of deemed notices till supply of relevant information and material by Assessing Officers to assessees in terms of directions issued by this Court in UOI v. Ashish Agarwal (2022) 286 Taxman 183/ 444 ITR 1 (SC) has to be excluded from computation of period of limitation-In case of section 151 of new regime if time limit of three years from end of an assessment year falls between 20 March 2020 and 31 March 2021, then specified authority under section 151(i) has an extended time till 30 June 2021 to grant approval-In case of section 151 of old regime, if time limit of four years from end of an assessment year falls between 20 March 2020 and 31 March 2021, then specified authority under section 151(2) has time till 31 March 2021 to grant approval..[S. 148, 149(1)(b), 151, Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3(1)]