S. 275 : Penalty – Bar of limitation – Recording of satisfaction-Cross objection- CBDT Circular binding on department -Period of limitation is to be reckoned from the date of recording of satisfaction by the AO in the assessment order and not from the date of notice issued by the Joint/Additional CIT. [ S.119, 269SS , 271D, 271E ,271AAA, 275(1)( c) ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Limited Scrutiny – Deemed rental income -Order passed after due enquiry cannot be treated as erroneous and prejudicial to the interests of revenue – PCIT cannot revise assessment to include issues beyond the scope of limited scrutiny (S.143(3), IND AS-115 )

S. 276 : Offences and prosecutions – Removal – Concealment – Transfer –Delivery – Property – Thwart recovery – Offences by companies – Prosecution of directors without impleading company – Not maintainable – Arraignment of company is a condition precedent for prosecuting its directors – Company being the principal offender must first be made an accused – Proceedings against directors alone quashed [S. 278B , 281, CrPC, 1973, S. 482 BNSS, Act , 2023, S. 528 , Negotiable Instruments Act , 1881 , S. 141 ]

S. 92C : Transfer Pricing – Arm’s length price – Avoidance of tax -International transaction – Characterisation of Indian Entity – Limited Risk Distributor -Entrepreneurial Service Provider- Transactional Net Margin Method (TNMM) – Other Method under Rule 10AB – Re-characterisation of Transactions – Royalty Computation – Transfer Pricing Adjustment of ₹444.93 Cr held to be unsustainable .[ R. 10AB ]

S. 276C : Offences and prosecutions – Wilful attempt to evade tax – Failure to pay self-assessment tax along with return – Mere delay in payment of self-assessment tax does not amount to wilful attempt to evade tax – Continuation of prosecution would be abuse of process of law – Complaint quashed and dismissed . [S.139, 140A,143(1), 276C(1), 276(2) ,276B, 278E, 279(1),Art. 227]

S. 254(1) : Appellate Tribunal –Duties – Alleged AI-generated order – Bias apprehension – Transfer of case – Once the ITAT President reassigned the matter to another Bench, writ petition seeking deferment of hearing became infructuous .[Art. 226, 227]

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Special category States – Manufacture of essential oils and perfumery -Assessment without incriminating material – Search assessment – Deduction u/s 80IC – Revisionary power cannot be exercised in respect of completed/unabated assessments in absence of incriminating material – Revision order quashed. [S. 80IC, 132, 143(3), 153A, 153C , 153D]

S. 9(1)(vii) : Income deemed to accrue or arise in India – Fees for technical services (FTS) – Functional Service Agreement – Standardized support services – No managerial, technical or consultancy element – Not taxable as FTS- DTAA – India–Belgium . [S.9(1)(vi)), Art. 12(3)(a), 12(3)(b)]

S. 143(3) : Assessment – Principles of natural justice – Assessment order passed without considering reply to notice u/s 133(6) and by relying on non-existent case law – Artificial Intelligence (AI )- Quasi-judicial authorities cannot rely blindly on results generated by AI tools without independent verification- Breach of natural justice – Alternative remedy – Appeal was filed to avoid limitation- -Assessment quashed and matter remanded [S. 68, 133(6), 144B , 156, 271AAC, 274, Art. 226]

S. 69C : Unexplained expenditure -Bogus purchases – Estimate of alleged bogus purchases – No substantial question of law – Appeal of revenue was dismissed . [ S. 260A ]