S. 153C: Assessment-Income of any other person-Search-Incriminating material-Writ jurisdiction-Issue to be examined in assessment/appellate proceedings-Writ petition dismissed. [S. 132, 132A, 153A, 153B, Art. 226]
S. 153C: Assessment-Income of any other person-Search-Incriminating material-Writ jurisdiction-Issue to be examined in assessment/appellate proceedings-Writ petition dismissed. [S. 132, 132A, 153A, 153B, Art. 226]
S. 153C : Assessment-Income of any other person-Search-Reassessment based on material seized during search of third party-Proceedings under section 147 without jurisdiction. [S. 147, 148, 153A, Art. 226]
S. 153A :Assessment-Search-Assessment in absence of incriminating material-Addition of long-term capital gain relating to penny stock transactions-Jurisdictional prerequisite not satisfied-Addition deleted.[S. 10(38),68,260A]
S. 151: Reassessment-Sanction for issue of notice under wrong clause-For A.Y. 2017-18, sanction required under section 151(ii) and not section 151(i)-Notice quashed.[S. 148, 151(i), 151(ii), TOLA, 2020, S. 3]
S. 151: Reassessment-Sanction for issue of notice-Specified authority-Order under section 148A(d) was passed beyond three years from the end of the relevant assessment year, and approval was obtained from the Principal Commissioner instead of the specified authority required under amended section 151(ii), non-compliance with such statutory mandate and time limits vitiated the jurisdiction of the Assessing Officer, rendering the order under section 148A(d) and notice under section 148 quashed. [S. 148,148A(b),148A(d), 151(i), 151(ii), Art. 226 ]
S. 151: Reassessment-Sanction for issue of notice-Specified authority-Approval granted by the Principal Commissioner was not valid; consequently, the order passed under section 148A(d) and consequential notice issued under section 148 were held to be bad in law and were quashed and set aside. [S. 148,148A(b), 148A(d), 151(ii), TOLA, Art.226]
S. 151: Reassessment-Sanction for issue of notice-Competent authority-Approval granted by the Principal Commissioner was therefore not a valid sanction, and the consequential notice under section 148 and assessment order passed under section 147 were quashed. [S. 148A(b), 148A(d), 151(2), the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S.3, Art. 226]
S. 151: Reassessment-Sanction for issue of notice-Writ jurisdiction-The assessee had already challenged the assessment in appeal before the Commissioner (Appeals), writ petition challenging reassessment proceedings on the ground of absence of sanction under section 151 was not maintainable, though the assessee could raise such legal contentions before appellate/revisional authorities and the assessment order remained stayed meanwhile. [S.148A,151A, 246A, Art. 226]
S. 149: Reassessment-Time limit for notice-Notice under section 148 dispatched beyond the prescribed time-Notice quashed.[S. 148, 149(1), Information Technology Act, 2000, S. 13(1), Art. 226]
S. 149: Reassessment-Time limit for notice-For AY 2014-15, no notice under section 148 could be issued on or after 1-4-2021 in view of the first proviso to section 149; reopening notice issued on 31-7-2022 was therefore barred by limitation. [S. 147, 148, 148A(b), 148A(d), TOLA, Art. 226]