S. 271(1)(c) : Penalty – Concealment – Capital or revenue – Claiming deferred revenue expenditure – Levy of penalty is held to be not justified .

S. 271(1)(c) : Penalty – Concealment -Additional ground – delay in filing cross objection- Legal ground can be raised first time before Appellate Tribunal- Not specifying the charge -Failure to strike out inappropriate words in notice — Penalty is bad inn law .[ S.274 ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Order of Tribunal holding in favour of assessee available at time of revision —Revision is held to be bad in law [ S.35(2AB )

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Loss — Carry forward and set-off- Revision is held to be valid – Assessing Officer in giving effect to allow such set off for assessment

S. 254(1) : Appellate Tribunal- Powers-Even if no revised return filed, Assessee can claim exemption before appellate authorities — Claim under section 54F which was made first time before Appellate Authority ,admitted and directed the Assessing Officer to allow the claim in accordance with law [ S.54F ]

S. 194C : Deduction at source – Contractors – Payment of common area maintenance charges for operation and maintenance of Mall — Payment made directly to service providers — Not part of rent paid to owner —Provision of section 194I is not applicable [ S.194I , 201(1)]

S. 153A : Assessment – Search-Unabated assessment- No incriminating material – Includes assessments for years for which time for issue of notice under section 143(2) has lapsed [ S.132, 143 (2)]

S. 151 : Reassessment – Sanction for issue of notice – Mechanical grant of approval – Failure to issue notice under section 143(2) — Reassessment Not Valid [ S. 68, 143(2), 147 , 148 ]

S. 147 : Reassessment – Passing of reassessment order within four weeks of disposing of objections of assessee to reopening — Not sustainable — Order quashed – Two views possible, then the view in favour of the assessee shall have to be followed for deciding the matter in dispute [ S.148 ]

S. 147 : Reassessment – Basis of information that assessee deposited cash in bank and earned commission — Recording wrong and incorrect facts – Reassessment is bad in law [ S.148 ]