S. 154 : Rectification of mistake -Mistake apparent from the record – Limitation – Book – profit – Order giving effect to appellate order – Issue sought to be rectified not subject matter of appeal – Period of limitation will be reckoned from the date of original assessment order in respect of points not subjected to appellate jurisdiction- Oder passed in 2004 could not be rectified after a period of 4 years, impugned order passed under section 154 dated 29-3-2014 was barred by limitation . [ S. 32 , 115JB , 143(3) . 154(IA ) ]

S. 133A :Power of survey – Assessment – Residential premises – Portion of residence as office premises – Use of evidence is permissible – Survey at residential premises is held to be valid .[ Indian Evidence Act , 1872 , S. 65A, 65B]

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessment year 2013 -14 – Six years expired on 31 st March , 2020 – Notice issued on 28 th July , 2022 – Notice issued beyond six years – Barred by limitation – Taxation and other laws ( Relaxation and Amendment of certain provisions , Act, 2020 (TOLA) has not applicable for the Assessment year 2013 -14 – Instructions are not binding on the assessee- Validity of notice must be judged on the basis of the law existing on the date on which such notice is issued – Notice and order was quashed as barred by limitation. [ S. 148, 148A(b), 148A(d) , 149 (1) , 151 ,151A, Limitation Act , 1963 , TOLA , S. 3(1), Art. 142 , 226 ]

S. 271(1)(c) : Penalty – Concealment -Disallowance of claim under section 54 of the Act – Levy of penalty is not justified . [ S. 54 ]

S. 271(1)(c) : Penalty – Concealment –Bogus purchases – Estimate of income -Ex -parte order – Penalty is deleted – Tribunal also observed that when the necessary facts and circumstances and material on the basis of which, the issue in the appeal has to be decided, are already on record, this Tribunal would be slow in directing such remand which may ultimately lead to multiplicity of proceedings . [ S. 250 ]

S. 11 : Property held for charitable purposes – Expenditure incurred for renovation of school building and payment of taxes – Allowable as application of income though the assessee is not owner of the building . [ S. 11(1)(a)

S. 153C : Assessment – Income of any other person – Search – Recording of satisfaction -Additional ground – Question of law admitted – Document Identification Number / Document Number (DIN/DN) – CBDT circular -Binding on the Assessing Officer – Not mentioned in the assessment order – Order is quashed and set aside. [ S. 119, 143(3), 254(1), 292B ]

Direct Tax Vivad Se Vishwas Act, 2020 [DTVSVA]

S.4: Filing of declaration and particulars to be furnished – Peendency of appeal – Filing of declaration- Pendency of miscellaneous application before the Appellate Tribunal- Rejection of application by the Principal Commissioner was held to be not valid – PCIT was to be directed to issue acknowledgement in Form No. 3 against application made by assessee in Form No. 1 and Form No. 2 . [ S. 2 (1)j), Income tax Act, 1961 , S. 254(1), 254(2) 264 , Art . 226 ]

S. 2(9) : Benami Property transactions-Benami Transaction (Position prior to 1-11-2016)-Transaction which took place prior to 1-11-2016-Order of High Court is affirmed. [Art. 226]

S. 2(9): Benami Property transactions-Section 2(9) of Benami Transactions (Prohibition) Amendment Act, 2016 being prospective in nature, it could not be applied to transaction which took place prior to 1-11-2016. [Art. 226]