S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay-Matter remanded back to Commissioner (Appeals) to deal with assessee’s application seeking condition of delay.[S. 11, 12A, 143(1), 154, 250]

S. 199 : Deduction at source-Credit for tax deducted-Bank confirmation letter-Obtained PAN and claimed TDS credit in revised return-TDS credit could not be denied on procedural ground that TDS was not reflected in Form 26AS due to non-compliance with rule 37BA by third parties. [R. 37BA]

S.194Q: Deduction of tax at source on payment of certain sum for purchase of goods-Commission agent-licensed chillies commission agent-Acted only as an agent-Turnover would include only gross commission and not sales effected on behalf of his principals-Not eligible to get credit of entire amount deducted as tax at source.

S. 194LA : Deduction at source-Compensation on acquisition of certain immoveable property-Agricultural land-Urban land-Apparent contradiction in stands taken by all government authorities who were part of same hierarchy-Matter is remanded back to Commissioner (Appeals) to arrive at a conclusion by examining authorities concerned. [S. 2(14), 201(1), 201(IA)]

S. 194I : Deduction at source-Rent-Could not be said in default towards non-deduction of TDS on lease rent paid to NOIDA Authority on basis of decision in Rajesh projects (India)(P.) Ltd v. CIT(TDS) (2017) 78 taxmann.com 263/ 392 ITR 483 (Delhi)(HC).[S. 201(1), 201(IA)]

S. 194A : Deduction at source-Interest other than interest on securities-Kachha Arhatia-No domain over goods sold principal buyers-Tax deducted under section 194Q by principal buyers could not be refused by invoking rule 37A.[S.194H, 1994Q, R. 37BA]

S. 164 : Representative assessees-Charge of tax-Private discretionary trust-Shares of beneficiaries were indeterminate or unknown-Trust under will-Assessable as total income of an Association of persons-Deeming fiction cannot extend to an extent denial of deduction-Chapter VI-A-Deduction under section 80C and 80TT is available. [S. 2(31), 80C, 8OTT,160(1)(iv), 164(1)(ii), 167B]

S. 153A: Assessment-Search-Unabated assessments-No incriminating material is found-Addition is deleted. [S.68, 69, 69C, 132]

S. 153A : Assessment-Search-Undisclosed income-Less than Rs.50 lakhs-Reassessment beyond six years is bad in law-Reassessment is bad in law. [S. 69, 132]

S. 153A : Assessment-Search-Cannot make a fresh claim for deduction under section 80-IA(4) for first time in return of income filed in response to notice issued under section 153A, pursuant to search conducted under section 132, in unabated/completed assessment as on date of search-In case of abated assessments, like Assessing Officer who can make assessment based on incriminating materials and any other information made available to him, including information furnished in return of income, assessee can claim all deductions towards any income or expenditure including under section 80IA(4), [S.80IA(4), 132, 139(1), 143(3)]