S. 4: Charge of income-tax-Income-Time-share membership fees-Consistent method of recognising income over membership period-Entire receipts not taxable in year of receipt.[S. 145]

S.271D: Penalty-Takes or accepts any loan or deposit-Receipt of entire sale consideration in cash at the time of execution and registration of sale deed does not violate section 269SS, as the expression “specified sum” applies only to advances received in relation to transfer of immovable property. [S. 269SS, 271D, 274]

S. 263: Commissioner-Revision of orders prejudicial to revenue-
-Assessment was completed after duly examining the issue of unsecured loan-Invocation of revision jurisdiction to verify the same issue is not permissible.[S.36(1)(va), 143(3)]

S. 255: Appellate Tribunal-Procedure-Functions-Right to Information Act-Departmental representative seeking disqualification of assessee’s advocate on ground that advocate represented Tribunal Member as CPIO in an unrelated RTI matter-No conflict of interest-Tribunal not appropriate forum to adjudicate disciplinary matter-Ministry of Law and Justice not having control over judicial functions of Tribunal-Application frivolous, amounting to obstruction of justice-Rejected. [S. 254(1), Art. 227]

S. 153C: Search and seizure-Assessment of third person-Satisfaction note-Must state with reference to information from seized material its relevance to assessee’s income-Assessee’s business not commenced-No question of turnover being suppressed-Seized documents bearing no reference to turnover-Satisfaction note issued without application of mind-Approval under section 153D also invalid-Assessments not sustainable. [S. 69C, 153A, 153D]

S. 151: Reassessment-Sanction for issue of notice-Within four years-Non-application of mind-Approval granted by the specified authority is not in accordance with the law-The notice for reopening and the subsequent assessment order is bad in law [S. 147, 148]

S. 149: Reassessment-Limitation-Notice for assessment year 2015-16 deemed notice under section 148A(b) per Ashish Agarwal (SC)-Fresh notice under section 148 required within balance period per UOI v. Rajeev Bansal (2024) 469 ITR 46 (SC)-Department had 15 days but issued notice after 34 days-Notice void ab initio-Reassessment quashed. [S. 147, 148, 148A(b), 148A(d)]

S. 145: Method of accounting-Accommodation entries-In the case of accommodation entry providers, commission income is to be estimated only on the sales turnover and not on the aggregate of purchases and sales-The ITAT directed the AO to estimate commission income at 0.05% of the total sales turnover. [S. 145(3), 153A]

S. 144C: Reference to dispute resolution panel Assessment-Validity-Final assessment order pursuant to Dispute Resolution Panel’s directions-Order time-barred once Dispute Resolution Panel’s order held non est for want of document identification number-Extended time under section 144C(13) inapplicable-Final assessment order bad in law. [S. 116, 144C, 153, 253, 254(1)]

S. 143(2): Assessment-Validity-Notice under section 143(2) issued by Income-tax Officer-Additional grounds-Legal issue-Jurisdictional Assessing Officer, having regard to quantum of returned income, being Deputy Commissioner-No order transferring case to Deputy Commissioner-Income-tax Officer lacking jurisdiction-Deputy Commissioner completing assessment without valid notice-Defect not curable-Assessment quashed. [S. 124(3), 127, 254, ITAT Rules, 1963, R. 11]