S. 143(3) : Assessment-Search and seizure-Procedure laid down by Digital evidence Investigation Manual by Central Board of Direct taxes-Mandatory-Search warrant defective-Search violative of Rule 112-Digital data evidence collected by the Revenue from unknown locations without any valid search warrant and without following the guidelines issued by the CBDT vide Digital Evidence Investigation Manual-Not given an opportunity of cross examine the witness-Circulars issued by the CBDT is binding on all Income tax Authorities-Assessment order is quashed.[S.119, 143(3), R.112, Art. 226]

S. 143(3): Assessment-Person-Company-An Assessee to be assessed for income tax must be a person in existence-A company is a juridical person but the moment it is struck off from the Register of Companies and is dissolved, it ceases to exist and no assessment can be made against a dead person. [S. 2(31)(iii), 2(31(vii), 179,226(3) Companies Act, 1956, S.560(5), 560(7), Companies Act, 2013, S. 248, 250]

S. 80HHC : Export business-Profits-Interest earned on deposits and advances not entitled to deduction. [S.260A]

S. 80G : Donation-Application for approval of institution-Genuineness of activities are not in doubt-Quantum of charitable activities cannot be the basis for granting approval-Order of Tribunal directing to grant the approval is affirmed. [S.80G(5). R.11AA]

S. 68 : Cash credits-Share application money-Identity, creditworthiness and genuineness of transaction established-Order of Tribunal deleting the addition is affirmed.[S. 260A]

S. 68 : Cash credits-Share application money-Test of creditworthiness and genuineness failed to prove-Addition is affirmed.[S.260A]

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Non-Resident had no Permanent Establishment in India-Non-discrimination clause in Double Taxation Avoidance Agreement applicable-Disallowance is not justified-Provisions of agreement more beneficial to assessee is applicable-DTAA-India-Japan-United States of America.[S.9O, 195, art. 24(3), 26(3)]

S. 32 : Depreciation-Intangible Assets-Goodwill-Amalgamation-The order of the Tribunal allowing the depreciation claim of the assessee was upheld by the High Court. [S. 32(1)(ii)]

S. 12A : Registration-Trust or institution-Method and manner of service of notice under statutory provisions-Notice and reminders issued by CIT(E) were reflected only on portal and not sent to the assessee at its registered email address-Order passed was set aside holding that before any action is taken, a communication of notice must be in terms of provisions of section 282 and rules made thereunder [S. 12A(1)(ac)(ii), 282, Rule 127, Art. 226]

S. 2(24)(xviii) : Income-Assistance in the form of a subsidy or grant or cash incentive or duty drawback or waiver or concession or reimbursement-Incentive-Subsidies-Capital or revenue-Constitutional validity of insertion of sub-clause (xviii) of the Finance Act, 2015 which brought subsidies, all forms of incentives given by Government under the ambit of taxable income-The Amendment was constitutionally valid-The mere fact that the institution of tax by virtue of the impugned sub-clause falls more heavily on petitioner cannot result in its invalidity-Court Cannot Substitute Legislative Judgment of Economic Policies. [S. 4, Art. 12, 14, 19, 226, 246, 265, 289]