S. 244A : Refunds-Interest on refunds-DTAA-India-Mauritius—Interest income-Specific approval of Government— Foreign lender’s eligibility under DTAA having been established through supporting documentation, no further separate approval under S. 195(2) or S. 197 was required. Revenue directed to refund 5 per cent TDS amount deposited by assessee along with applicable interest under S. 244A.[S.90(2), 194LC(2)(ia),195(2) 197,Art. 11(2)]

S. 244A : Refunds-Interest on refunds-Limitation— for assessment year 2012-13, assessment order was passed on 31.01.2017 for the AY. 2012-13-Order giving effect to ITAT order was passed beyond prescribed three months under section 153(5) on 23.08.2023-Order was time-barred-Single judge is justified in direction for refund with interest under section 244A(1)(b) and 244A(1A). [S.153(5),153(9), Art. 226]

S. 194H : Deduction at source-Commission or brokerage-Agreement with ADPL to develop a plot of land-Association of person (AOP)-Payment was principal to principal basis-Not commission or brokerage-Not liable to deduct tax at source-Order of Tribunal affirmed. [S.133A, 201(1) 201(IA), 260A]

S. 158BD : Block assessment-Undisclosed income of any other person-No recording of satisfaction-Office note cannot be considered as recording of satisfaction-Order of Tribunal quashing the assessment order is affirmed by High Court.[S.132, 158BC, 260A]

S. 154 : Rectification of mistake-Mistake apparent from the record-Designated authority-Certificate in Form 5 was issued–Scope of section 154 was limited to amend any order passed by Assessing Officer under provisions of Income-tax Act, 1961 and it would not be extended to sit over order passed and declaration issued by designated authority under section 5 of DTVSV Act-Order passed by Assessing Officer under section 154 was set aside [S.132(IA), Direct Tax Vivad se Vishwas Act, 2020 Form No 5, Art. 226]

S. 153B : Assessment-Search-Time limit-Proceedings initiated under section 153C-No question of transfer of records seized-Time limit provided by first limb of clause (ii) of third proviso to section 153B(1) shall apply-12 months from end of financial year in which search took place-Time barred-Order quashed.[S. 132, 153C, Art. 226]

S. 153 : Assessment-Reassessment-Limitation-Tribunal, by order dated 31-3-2015, remanded matter to Assessing Officer for de novo consideration-Fresh assessment, as directed by Tribunal, ought to have been completed on or before 31-3-2017 as per sub-section (7) of section 153, as amended by the Finance Act, 2016-Notice dated 6-11-2020 issued by Assessing Officer was barred by limitation. [S. 153(6), 153(7), 254(1), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-A notice which was originally issued under section 148 by Jurisdictional Assessing Officer in terms of old regime and which had been deemed to be issued under section 148A(b) could be continued to be processed by same officer. [S. 148, 148A(b), 148A(d), Art.226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Assessee was given extended time to respond to notice under section 148A(b)-Time was excludable for computing limitation under section 149(1)-Order passed under section 148A(d) was not time-barred. [S. 148A(b), 148A(d), 149(1), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Alternative remedy-Writ is maintainable.[S. 148A(b), 148A(d),246A(1)(b), Art. 226]