S. 144C: Reference to dispute resolution panel-Reference to TPO under section 92CA was made on 11-01-2022 after expiry of limitation for passing an assessment order under section 153(2) on 31-03-2021; it was without jurisdiction. The order passed under section 92CA (3) on 27-01-2022 and consequential proceedings under section 144C were set aside. [S. 92CA (3), 153(2), Art. 226]

S. 144C: Reference to dispute resolution panel-Transfer pricing-Assessment-Limitation-Remand by Tribunal directly to Transfer Pricing Officer-Second reference by Assessing Officer after Transfer Pricing Officer had already passed order in compliance with Tribunal’s directions-Superfluous and barred by limitation-Assessing Officer deprived of jurisdiction to pass final assessment order. [S. 92CA,, 153(3), 153(4), Art. 226]

S. 144B: Faceless assessment-Objections to draft assessment order-Filed before jurisdictional Assessing Officer instead of Faceless Assessing Officer due to inadvertence-Final assessment order quashed-Matter remanded to Dispute Resolution Panel. [S. 143(3), 144C, Art. 226]

S.143(3): Assessment-Processing of return-Return pending for long period-Authority directed to process return-Expiry of statutory period-Return to be accepted at face value. [143(1)(a), 244A, Art. 226]

S.143(2): Assessment-Notice-Block assessment-Notice served-Notice issued within limitation but served beyond twelve months from the end of the month in which the return was filed-Service of notice is mandatory-Entire proceedings vitiated. [S. 132, 143(3), 158BC, 158BD, 260A]

S. 132B : Application of seized or requisitioned assets-Search and seizure-Application for release within prescribed time-Assessing Officer not at liberty to retain beyond 120 days awaiting crystallization of assessment demand-Order dismissing application quashed-Respondents directed to release seized assets.[S. 132, Art. 226]

S. 132B : Application of seized or requisitioned assets-Jewellery seized from assessee’s employees was requisitioned under section 132A-Stock in trade-Rejection of application by an Assessing Officer not having jurisdiction over assessee or seized assets was invalid; impugned order was to be set aside and matter remanded to concerned jurisdictional officer holding charge over assessee to decide application afresh. [S. 132, 132A, Art. 226]

S. 132B : Application of seized or requisitioned assets-Search and Seizure-Delay of release of seized jewellery solely for unexplained administrative reasons attributable to the Income Tax Dept cannot prejudice the Assessee by requiring them to give a bank guarantee for subsequent increase in market value; seized jewellery was hence liable to be released subject to affidavits of ownership and no objection-CBDT Circular dated 16-10-2023.[S.119, 132]

S. 127: Power to transfer cases-Coordinated investigation-Transfer from Alwar to Faridabad after show cause notice and reasons-Transfer valid. [Art. 226)

S. 124: Jurisdiction of Assessing Officer-The jurisdictional Assessing Officer is justified in processing the return of income filed by the assessee based on his PAN database residential address. The assessee cannot challenge the jurisdiction of the AO before the Tribunal in view of the limitation period prescribed under section 124(3)(a)-Assessee did not update current address in PAN database, and notices for scrutiny were issued and served at PAN address; said service was valid and constituted proper service. [S. 124(3)(a), 143(2)]