S. 147 : Reassessment-After the expiry of four years-Tribunal decided the issue in favour of assessee in earlier years-Order of Tribunal binding on the Assessing Officer though the matter is pending for admission before High Court-Re assessment notice based on the order of earlier years is bad in law-Assessing Officer cannot rely on assessment orders which are non existing because these orders have been held unjustified by the ITAT. [S. 143(1), 148, Art. 226]

S. 270A : Penalty for under-Reporting and misreporting of income-Pendency of appeal before Commissioner (Appeals)-Oder imposing the penalty was not valid-The concerned Assessing Officer may take further steps in accordance with law after the appeal is disposed by CIT (A) as far as it relates to penalty provisions under Section 270A of the Act-Faceless Assessment Officer was directed to pay a sum of Rs 10,000 from his personal account to ‘PM Care Fund ‘. [S. 144(C)(3), 246A, 275, Art. 226]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Failure to verify fall in gross profit-Revision of order is not valid-Order of Tribunal is affirmed. [S. 260A]

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Department had withdrawn the Appeal that was pending before the Tribunal based on a Circular No 3 of 2018 dt. 11-7-2018 (2018) 405 ITR 29(St)-Later the Circular was amended and exceptions were added-Department filed miscellaneous application to recall the withdrawn appeal-The Writ petition of Revenue was dismissed. [Art. 226]

S. 195 : Deduction at source-Non-resident-Collection agent in respect of monies receivable from Indian customers by its Associated enterprise a UAE registered entity-Failure to deduct tax at source-Oder was quashed without making any observations on the merits of the case-Assessing Officer was directed to pass fresh order after giving a reasonable opportunity to the assessee-DTAA-India-UAE. [S. 133(6), 201(1), 201(1A), Art. 5(4), Art. 226]

S. 151 : Reassessment-After the expiry of four years-Sanction for issue of notice-Approval obtained for issuing notice u/s 148 of the Act is not in accordance with the mandate of section 151-Sanction from Additional Commissioner of Income-tax and not from the PCIT-Notice issued is bad in law hence quashed. [S. 148, Taxation and other Laws (Relaxation of Certain Provisions) Act, 2020, Art. 226]

S. 151 : Reassessment-Sanction for issue of notice-Errors in Column No.8 and 9 of the Form for re-opening-DCIT,PCIT,CIT to explain the basis on which re-opening was approved when the form had errors-wrong amount was mentioned as income originally assessed-Safeguards provided in Sections 147 and 151 were lightly treated by the Officers-Notice was quashed. [S. 147, 148, Art. 226]

S. 148 : Reassessment-Notice-Amalgamation-Notice was sent to the original assessee despite various communications sent to department informing of the amalgamation and non-existence of the assessee-Notice issued to a non-existing entity is bad in law-Notice was quashed. [S. 147, Art. 226]

S. 148 : Reassessment-Notice-Recorded reasons not provided-Non-application of mind by the Assessing officer-There is no section 148D under the Income-tax Act-Notice and order quashed. [S. 147, 148D, 151, Art. 226]

S. 148 : Reassessment-Notice-Reasons for reopening has blanks-notice not digitally signed-Petitioner has not filed its objections to the notice-Petitioner directed to file its objections within two weeks-The Assessing Officer shall grant a personal hearing and pass an assessment order. [S. 147, 151, Art. 226]