S. 151A: Face less assessment scheme – Reassessment – Faceless jurisdiction – Manual DIN – Reassessment held void ab initio – Jurisdictional AO issued notice instead of Faceless AO – Assessment order manually issued without computer-generated DIN – Proceedings invalid. S. 147, 148 151, CBDT Circular No. 19/2019 ]

S. 69A : Unexplained money – Rough diary notings – Internal circulation of funds –Statement in the Course of search – Statement retracted – Addition unsustainable.[ S. 132, 132(4), 132(4A) ]

S. 45 : Capital gains – Alleged NOC receipts – Loose sheets – Statement in the Course of search – Statement retracted – No corroboration – Additions deleted. [ S.132, 132(4), 132(4A) ]

Prohibition of Benami Property Transactions Act, 1988

S. 26(3) : Appeal-Order of adjudicating authority-Writ cannot be issued. [S.24, Art. 226]

Direct Tax Vivad Se Vishwas Scheme, 2024.
S. 2(i)(j): Disputed tax-Pendency of appeal-Non-resident-Authority for Advance Rulings holding taxable capital gains arose out of conversion of Indian subsidiary company to limited liability partnership-Pendency of writ-Capital gains from conversion of shares to interest in limited liability partnership brought to tax in reassessment proceedings-Not disclosing pending writ petition-Pendency of appeal before CIT(A)-Designated authority directed to process declaration considering date of original declaration and issue appropriate certificate. [S. 245Q(1), 245R(4), 250 Art.226]

Direct Tax Vivad se Vishwas Act, 2020.

S. 2(i)(j): Disputed tax-Pendency of appeal-Binding circular-Review pending before Supreme Court on specified date-Review petition was dismissed-Rejection application was set aside-Interpretation of taxing statutes Beneficial legislation requires purposive construction. [S. 2(1)(a)(i), ITAct,1961, S.119, Art, 226]

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Summons to directors treating them as principal officers of assessee-Application for discharge-Trial court discharging accused directors on grounds that no notices issued and no documents produced to treat them as principal officers of assessee-Accused directors accepting delay in remittance of tax deducted in reply to notices from complainant-Defence cannot be raised at time of considering discharge application Material available to be considered at time of trial-Court can exercise its revisional jurisdiction when order suffers from illegality and incorrectness-Order was set aside. [S. 2(35), 276BB 278B, Criminal Procedure Code, 1973, S. 200, 245 Art. 226]

S. 264 :Commissioner-Revision of other orders-Property held for charitable purposes-Receipts from donors who deducted tax at source-No element of trade-Principle of consistency-No change in law or facts-Department cannot take different view without convincing reasons-Entitle to exemption-Rejection of revisional order was set aside. [S. 2(15) 11, 12,12A, 12AA, 13(8),80G, 194C, 194J, Art. 226]

S. 264 :Commissioner-Revision of other orders-Property held for charitable purposes-Receipts from donors who deducted tax at source-No element of trade-Principle of consistency-Entitle to exemption-Rejection of revisional order was set aside-SLP of revenue dismissed. [S. 2(15) 11, 12,12A, 12AA, 13(8),80G, 194C, 194J, Art. 136]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-
Assessing Officer issued questionnaire seeking comprehensive information regarding share capital transactions Assessee furnished required details and documents and adequate enquiries conducted by Assessing Officer-Power cannot be invoked without demonstrating failure of proper inquiry-Order of Tribunal quashing the revision order was affirmed. [S. 260A]