S. 192 : Deduction at source-Salary-Diversion of income by overriding title – Salary of teachers of Christian Institutions paid by State Government – Teachers paying their entire salaries to Church – Salaries not diverted at source by overriding title – State Government is bound to deduct tax at source on salaries-Central Board of Direct Taxes – Circulars -Circulars issued before independence of India – Subsequent circulars overriding earlier circular – Exemption granted under old circular is not binding on Revenue-SLP of assessee is dismissed.[S. 4, 5, 15, 192A up to 194LBB, Art. 136]

S. 153C : Assessment-Income of any other person-Search and seizure-Satisfaction note pertained to non-searched entity and material which was alluded to pertained to assessment year 2019-20 only-Notice pertaining to AYs 2014-15, 2015-16, 2016-17, 2017-18, 2018-19 and 2020-21 is quashed and set aside by High Court-SLP of Revenue is dismissed.[S. 132, Art.136]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Time limit for notice-Notice issued for assessment year 2013-14, under old regime after expiry of six years-SLP is disposed of in terms of judgment of Supreme Court in Union of India v. Rajeev Bansal [2024] 167 taxmann.com 70 (SC).[[S. 147, 148, 148A(b), 148A(d), 149, Taxation and other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S.3, Art. 136]

S 90: Double taxation relief – Capital gains – Exempt income – Set-off of losses – Carry-forward allowed – No set-off of capital losses against exempt gains permitted- Carry-forward of losses for future years is allowed, subject to that the set-off must be applied only to income which is taxable in India -DTAA -India – Mauritius . [S. 70,74(1),90(2), Art. 4, 13(3B) ,13(4)]

S. 132B : Application of seized or requisitioned assets –Search and Seizure – Jewellery – Release of seized assets – Strictures – Accountability – Jewellery seized in the year 2005 – Not released to the assessee even after 25 years – Loss of seized jewellery from the Bank locker – Legal heir entitled to return of jewellery – Income tax department and Bank held liable to compensate – Interim relief granted- The Court emphasized the importance of fair tax governance and proper security measures in Nationalized Banks and Scheduled the matter for further hearing on February 11- Copy of the order is forwarded to the Chairman CBDT and the Chairperson and Managing Director of Bank of Maharashtra . [S. 132, Art. 226]

S. 151 : Reassessment – Sanction for issue of notice – Notice issued after three years from the end of the relevant assessment year – Principal Chief Commissioner – Approval obtained from Principal Commissioner instead of Principal Chief Commissioner – Reassessment notice and consequential order is quashed and set aside . [S. 56(2)(vii)(b), 144B, 147, 148 ,151(ii) ]

S. 148: Reassessment –Notice – – Non existing company -Merger of companies – Notice served on non -– existing company or entity despite the respondents’ knowledge of its non-existence – Notice is quashed and set aside . [S. 2(31), 292B, 148A, 151, 292B, Art. 226 ]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Grant of approval without application of mind -Benefits of giving opportunity of hearing after issue of initial notice under Section 148A(b)-Order passed under Section 148A(d) without giving requested opportunity of hearing-Approval by Principal Commissioner without application of mind-Order and consequent notice is set aside by High Court-SLP of Revenue is dismissed as the reasons assigned for seeking condonation of delay of 201 days in filing the SLP are neither satisfactory nor sufficient in law to condone the same. [S. 147, 148, 148(A)(b) 148A(d), 149(1((b), 151, Art. 136]

S. 147: Reassessment-With in four years-Change of opinion-Reopening on same set of facts invalid-The reasons assigned for explaining the delay of 489 days in filing SLP are neither satisfactory or sufficient in law for condonation-SLP of Revenue is dismissed. [S. 68, Art. 136]

S. 143(2) : Assessment-Notice –Assessing Officer, ITO Ward-5(3), Kolkata issued a notice under section 143(2)-Assessing Officer, ITO Ward-9(2), Kolkata completed assessment without issuing notice under section 143(2) –Additional ground-Order is bad in law –Tax effect is less than 1, 50,0000-SLP of revenue is dismissed as failure to explain the delay of 477 days. [S. 143(3), Art. 136]