S. 148 : Reassessment-Notice-Service of notice-Mandatory-Assessing Officer though aware of new address of assessee issuing notice at old address-No statutory obligation on assessee to update address in Permanent Account Number database-Participation in reassessment proceedings without service of notice does not validate notice and proceedings-Order of Tribunal quashing the assessment is affirmed. [S. 143(1), 147, 149(1)(b), 260A, 282(1), 292BB, Civil Procedure Code, 1908, Order V, rule 12]

S. 147 : Reassessment-After the expiry of four years-No failure to record reasons-Reasons offered at later stage cannot be considered-Notice and order disposing the objection is quashed. [S. 148, Art. 226]

S. 147 : Reassessment-After the expiry of four years-No failure to disclose material facts-Notice based on report from Department of Revenue Intelligence-Shah Commission report-No independent application of mind By Assessing Officer-Based on subsequent decision of Supreme Court-Notice is not valid. [S. 148, Art. 226]

S. 147 : Reassessment-After the expiry of four years-Neither reasons recorded nor order rejecting objections showing receipt chargeable to tax-Reassessment is held to be not valid-Capital gains-Transfer-Partner in firm-Bequeathed by father-Consent terms-Arbitration Award-Relinquishment of interest in partnership-Not transfer not liable to capital gains tax-Family arrangement-Not taxable-Onus on Department to establish certain receipt as income-Income from other sources-Firm continuing as going business with other partners-Receipts is not chargeable as income from other sources or as damages on dissolution of firm.[S. 2(24) 2(47) 45, 45(4), 56(2) 148]

S. 144C : Reference to dispute resolution panel-Faceless Assessment-Limitation-Penalty-Draft assessment order-Transfer Pricing Officer has no role after directions issued by Dispute Resolution Panel-Directions binding on Assessing Officer-Order is time-barred-Original return of income is directed to be accepted-Order and penalty notice set aside. [S. 92CA(4), 143(3), 144C(5), 144C(13), 156, 270A, 274, Art. 226]

S. 144B : Faceless Assessment-Principle of natural justice-Opportunity of personal hearing must be given even if not requested in writing-No discretion with Assessing Officer-Assessment order is set aside. [143(3), 144B(6)(vii), 144B(6)(viii), 251, Art.226]

S. 143(3) : Assessment-Recovery of tax-Priority of debts-Corporate Insolvency Resolution-Overriding effect of Insolvency and Bankruptcy Code, 2016-Claim frozen as on date of Resolution plan-Interest cannot be charged under Sections 234A, 234C, while giving effect to order of Tribunal-Income-Tax does not have priority over debts of secured creditors. [S. 234A, 234B, 254(1) Insolvency and Bankruptcy Code, 2016, S. 3, 4,13, 14(1)(a) 15,]

S. 143(3): Assessment-Search and seizure-Violation of principle of natural justice-Assessment order is set aside-Matter remanded to Assessing Officer-Seizure of Pen drive and other Electronic records-Evidentiary value-Mandatory conditions under law of evidence not complied with-Assessment order is set aside.[S. 132, 132(4), 153A, 271AAB(IA), 271AAD(1(i), Indian Evidence Act, 1872, 65B ]

S. 138 : Disclosure of information-PM CARES Fund-Third party-Satisfaction of Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner-Provisions override Right to information-Information sought regarding exemption in respect of PM Cares Fund-Central Information Commission does not have jurisdiction to direct furnishing of information [S. 138(2), Right To Information Act, 2005, S. 8(1)(j) 11, 22, Art. 226 ]

S. 119 : Central Board of Direct Taxes-Condonation of delay-Genuine hardship to be construed liberally-Delay in filing Form 10CCB-Special category States-Rectification of mistake-Duty of Assessing Officer-Application for rectification pending disposal for almost six years-Assessing Officer is duty bound to pass order expeditiously. [S.80IC, 143(1), 154, 264, Art. 226]