S. 153C : Assessment-Income of any other person-Search-Failure to appear and make submissions on merits-Court will not examine documents to see id they were incriminating-Order of High Court dismissing the writ petition is affirmed-SLP is dismissed.[S. 264, Art. 136]
S. 153A: Assessment-Search-Elections notified-Applicable only where seized assets or requisitioned are in any manner connected with ongoing Assembly or Parliamentary Election-Seizure of cash by Tamil Nadu State Surveillance team after Tamil Nadu State Assembly Election model code of conduct was in force-Exception is not applicable-Assessee and its president are not excluded from purview of proceedings reassessment.[S.131(IA), 147, 148, 153C,ITR, 112F, Art. 226]
S. 153A: Assessment-Search-Limitation-Direction is issued to refund the entire seized cash with interest-Reassessment notice is quashed. [S. 132A, 132B (4), 147, 148, 153B, Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Res Judicata-Notice on basis of issues decided favourably in earlier years-Notice and order disposing the objection is quashed. [S.148, 148A(b), 148A(d), Art. 226]
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Notice u/s 148A(b) issued without approval from specified authority-Held, order u/s 148(d) neither a final order nor any demand arose from it-Liberty to assesee to raise any point of merit-Writ petition disposed in favor of Revenue. [S. 148, 148A(b) 148A(d), 151, Art. 226]
S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Cash credit-Non-speaking order-Survey by OSBCPL indicated that assessee advanced cash loan and received interest-letter of issuance of a DIN No. to the notice issued-Held, Mandatory to follow procedure u/s 148, [S. 68, 133A, 148, 148A(b), 148A (d)) Art. 226]
S. 148 : Reassessment-Amalgamation-Notice issued to non existing company-Non-est and void. [S. 147, Art. 226]
S. 147: Reassessment-Notice Issued on basis of information received from Deputy Director of Income-Tax (Investigation)-Non-application of mind-information received from the investigation wing-Reassessment invalid. [S. 68, 143(1), 148, Art. 226]
S. 147 : Reassessment-After the expiry of four years-Capital gains-Capital work-in-progress-Investment in property is accepted in assessment-Reassessment notice and order disposing the objection is quashed.[S. 45, 148, Art. 226]
S. 147 : Reassessment-With in four years-General allegation-No violation of provisions of S. 11(3)(d)-Charitable purpose-Donation to hospital-No violation of provisions of sections 11(2), 11(3)(d) of the Act-SLP of Revenue is dismissed, order of High Court quashing the reassessment notice is affirmed. [S.10(23C), 11(2), 11(3(d), 12AA, 148, Art. 136]