S. 201 : Deduction at source-Failure to deduct or pay –Order passed beyond four years-Barred by limitation-Income deemed to accrue or arise in India-Fees for technical services- [S.9(1)(vii), 195 201(1), 201(IA), 260A]

S. 201 : Deduction at source-Failure to deduct or pay –Survey-Direct payment to non-resident-Contractor-Deducted tax at 2 per cent under section 194C-Tribunal is justified in directing Assessing Officer to calculate interest on amount which was paid by contractor as self-assessment tax till date it was deposited and such interest was to be paid by assessee for not deducting tax at source.[S.133A, 194C (4), 195(2), 201(1), 201(IA), 260A]

S. 153C : Assessment-Income of any other person-Search- Reassessment-Time limit for notice-Search conducted in February 2022-Notice under S. 148 dated 30.03.2023 seeking to re-open assessment for A.Y. 2013-14-Relevant A.Y. fell beyond ten years block period set out in S. 153C and thus notice was time barred. [S. 132, 148, 149(1), 153A, Art. 226]

S. 153C: Assessment-Income of any other person-Search-Loose Sheets of papers not shown to form part of books of accounts regularly maintained by assessee would not constitute material evidence-Reasonable opportunity to be provided to assessee before transfer of case in accordance with S. 127-Satisfaction Note to be recorded for each assessment year separately. [S. 127, 132, 153A, Art. 226]

S. 153C : Assessment-Income of any other person-Search and seizure-Material pursuant to a search is relied upon-Assessing Officer is required to follow procedure as contemplated under section 153A, 153B and 153C and it is impermissible for Assessing Officer to continue regular assessment.[S. 132, 133A, 143(3), 153A, 260A]

S. 153A : Assessment-Search or requisition-Search had been conducted on 13-10-2010 and assessments in question were for year 2005-06 to 2007-08 which had been unabated/concluded as on date of search-Assessing Officer is precluded from making any addition to return of income, in absence of incriminating material found as a result of search-The completed/unabated assessments can be reopened by the Assessing Officer in exercise of powers under section 147/148 subject to fulfilment of conditions as envisaged under the said provisions and as may be permissible in law. [S. 132,132A 147, 148, 260A]

S. 153 : Assessment-Limitation-Failure to pass the order within six months from the date of communication of the Tribunal order-Appellate Tribunal restored the matter to the file of AO with directions to comply with the same within 6 months-Assessment order passed beyond the stipulated timeline provided by the ITAT is barred by limitation.[S.153(3), 254(1) Art.226, 265]

S. 151 : Reassessment-Sanction for issue of notice-Mere use of expression Yes I am satisfied could not be considered to be a valid approval-Non application of mind-Reassessment notice is quashed. [S.143(1), 147, 148, Art. 226]

S. 151 : Reassessment-Sanction for issue of notice –Recording of satisfaction-No mandate for the Pr. CIT to record his own reasons for approval or satisfaction-It would be sufficed that the Pr. CIT recorded the satisfaction regarding the reasons recorded by the AO-Writ petition is dismissed.[S. 148, Art.226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice under section. 148A(b) is issued in the name of dead person-Notice and order is quashed-Even otherwise, since tax had already been deducted on salary income, as was evident from Form-16, reassessment action leading to demand of tax could not be initiated against assessee or even his legal representatives is not valid. [S. 15, 148, 148A(b), 1488A(d), 192, Form No 16, Art. 226]