S. 143(1)(a) : Assessment-Intimation-Adjustment-Contingent liabilities-Corporate guarantee-No opportunity has been given-Violation of express proviso to Section 143(1)-Matter remanded.

S. 143(1)(a) : Assessment-Intimation Adjustments -Deduction of tax at source-Credit for tax deducted-Employer deducting the tax and not depositing-Credit cannot be denied-Section 143(1)(c) does not lay down the condition that tax deducted at source has to be paid to the Government for the credit to be allowed as opposed to the case of payment of advance tax. [S. 143(1)(c), 199, 209(1)(d),234B]

S. 143 (1)(a) : Assessment-Intimation Adjustments-A mere mistake on part of tax auditor in reporting income not forming part of business income-Would not ipso-facto lead to addition or adjustment in business income .[S. 10, 22, 28(i), 44AB,56, Form No 3CD]

S. 143(1)(a) : Assessment-Intimation-No adjustment could have been made unless notice was issued to assessee-Disllaownce is deleted .[S.80P (2)(a)(i)]

S. 143(1)(a) : Assessment-Intimation-Once auditor had mentioned actual dates of ESI/PF remittance and due dates of ESI/PF remittance by assessee in audit report, then requirement of section 143(1) stood satisfied and Assessing Officer was permitted to make disallowance in terms of section 143(1) [S. 36(1)(va)]

S. 142A : : Estimate of value of assets by Valuation Officer-Co-Owner-Assessing officer not assigning reasons why he considered assessee’s valuation high so as to necessitate reference, detailed comments on district valuation officer’s valuation report not controverted by AO nor reason assigned why report of district valuation officer accepted-FMV determined by assessee’s registered valuer in cases of assessee’s co-owners accepted in their assessments, addition in case of assessee not warranted. [S. 143(3)]

S. 139 : Return of income-Self assessment tax-Return filed showing tax payable without payment of self-assessment tax-Return not accompanied by the proof of self-assessment tax-Belated return cannot be treated as defective and accordingly, interest u/s. 234A have been rightly computed till the date of filing of belated return. [S. 139(9), 140A, 148, 234A]

S. 127 : Power to transfer cases-Jurisdiction-CBDT Notification-Survey cases where material impounded to be centralised-AO was aware of the transfer-Assessment by AO without jurisdiction.[S.133A]

S. 115-O : Domestic companies-Tax on distributed profits-Complete Code-DTAA does not get triggered at all when a domestic company pays DDT under section 115-O-Where contracting states to a tax treaty intend to extend treaty protection to domestic company paying dividend distribution tax, only then, domestic company can claim benefit of DTAA, if any-Machinery provision for recovery-Benefit of DTAA-DTAA-India-Fraance [S. 2(24)(ii),2(43), 4, 9(1)9iv), 90(2),115P, 115Q Art. 10, 26(1), 26(4), 26(5)]

S. 115JB : Company-Book Profits-Assessing Officer without discussion computing book profits at higher figure than that computed by assessee-Difference representing provision for current tax-Assessee declaring net amount instead of reporting each item separately-Order set aside and matter remanded to AO for adjudication afresh-Claim under section 80JJAA is also set asde.[S.80JJA]