S. 275: Penalty-Bar of limitation-Acceptance of deposits in cash in excess of specified limit-Where assessment order which gave rise to penalty proceeding was dated 29.03.2004, limitation period should be reconciled in terms of proviso to section 275(1)(a) and that limitation prescribed under section 275(1)(a) which would have otherwise expired during period between 30.03.2020 and 30.03.2022 stood extended till 31.03.2022 due to o COVID-19-Penalty order under section 271D dated 19-8-2021 was passed within limitation period-Wit petition was dismissed. [S. 271D, 274, 275(1)(a)(c), TOLA, 2020, S. 3(1)(a), Art. 226]

S. 271(1)(c): Penalty-Concealment-Bogus purchases-Estimate of profit-Deletion of penalty is affirmed. [S. 69, S.145(3), S.260A]

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Department’s appeal rendering decision in favour of assessee based on law existing on date-Subsequent decision of Supreme Court in favour of Department would not render decision of Tribunal liable to rectification on ground of mistake-SLP of revenue dismissed-Revenue filed Miscellaneous Applications for rectification before Tribunal beyond statutory six-month limit prescribed under section 254(2) without any condonation application-Tribunal lacked power to condone such delay and its order allowing those applications stood vitiated as being passed beyond limitation-SLP of revenue dismissed. [S.36(1)(va), Art. 136]

S. 234B : Interest-Advance tax-Book profit-Precedent-Substantial question of law-Appeal-High Court-No interest under section 234B could be levied consequent to inclusion of various items in computing book profits as per Explanation to section 115JB inserted by Finance Act, 2008 with retrospective effect from 1-4-2001-Submission that cited judgment was “obtained” was objectionable-Binding precedents should not be suppressed or attempted to be attacked casually-Contention not raised before Tribunal and not even framed in memo of appeal cannot be question involved in appeal under section 260A [S. 115J, 260A]

S. 153C: Assessment-Income of any other person-Search-Digital evidence-Absence of evidence gathered being relevant to persons named in search authorisation; initiation of proceedings under section 153C unsustainable; was misconceived-Writ petition was dismissed. [S. 132 Art. 226]

S. 151A: Faceless assessment of income escaping assessment-Reassessment proceedings and related notices under section 148 were issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer, contrary to the faceless mechanism mandated by section 151A and relevant notification; the proceedings were in violation of law-Invalid and quashed. [S. 148, 148A(b), 148A(d), Art. 226]

S. 151A: Faceless assessment of income escaping assessment-Reassessment proceedings and related notices under section 148 were issued by the Jurisdictional Assessing Officer instead of the Faceless Assessing Officer, contrary to the faceless mechanism mandated by section 151A and relevant notification-High Court held that the proceedings were invalid and quashed-SLP of revenue was dismissed on account of delay of 306 days. [S. 148, 148A(b), 148A(d), Art. 136]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Principle of natural justice-Bogus purchases-Fictitious entity-Notice and consequential order was set aside.[S.131(IA), 147, 148, 148A(b), 148A(d), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Input credit-Order was passed before closure of proceedings by the Goods and Services Tax Department-Matter remanded for fresh consideration, keeping in view order of the Goods and Services Tax. [S.69C, 147, 148, 148A(b), 148A(d), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Notice issued on 18-5-2022-Reply to notice under section 148A(b) was filed by assessee only on 31-5-2022,-Notice issued under section 148 on 30-6-2022 was beyond limitation period as per third proviso to section 149(1)(b) as in force with effect from 1-4-2021. [S. 148, 148A(b), 148A(d), 149(1)(b), Art. 226]