S. 143(3): Assessment-Assessment order passed in spite of valid objections pending before DRP is bad in law.[S.144C, Art. 226]

S. 143(3) : Assessment-Limited scrutiny-Issue decided by AO with respect to carry forward of losses was not part of limited scrutiny for which assessment was directed to be scrutinised, since AO did not abide by Instruction No. 5/2016, dated 14-07-2016 and exceeded his jurisdiction, disallowance made with respect to carry forward of losses was to be deleted.[S. 72, 260A]

S. 143(2): Assessment-Notice-Defective return-Date of filing of original return under section 139(1) was to be considered for purpose of computing period of limitation under sections 143(2) and 142(1), and not date on which defects actually came to be removed under section 139(9)-Notice is quashed. [S. 143(2), 139(1), 139(9)

S.142 (2A): Inquiry before assessment-Special audit-Limitation-Power to extend time limit for submitting audit report lies with the assessing officer and not the Commissioner-Appeal of the Revenue is dismissed. [S. 132 142(2C), 153A, 153B, 260A]

S. 132 : Search and seizure-No incriminating material found during the course of search action-Completed assessment cannot be reopened.[S. 153A, 260A]

S. 119 : Central Board of Direct Taxes-Instructions-Extension of time for filing of return-Seeking condonation of delay in filing return of income-Principal CCIT should have taken lenient view in considering difficulties faced by assessee-due to Covid-19.[S.119(2)(a), 139, Art.226]

S. 119: Central Board of Direct Taxes-Instructions-Quasi-judicial authorities-Order should be a speaking order granting a reasonable opportunity of being heard. [S.119(2)(b), Art. 226]

S. 119: Central Board of Direct Taxes-Instructions to subordinate authorities-Application for condonation of delay-Capital gains-Agricultural land-With in specified urban limits-PCIT had gone into the merits of the claim and the merits of the delay condonation application had not been taken-Matter remanded back. [S.10(37), 119(2)(b), Art.226]

S. 115BAA: Tax on income of certain domestic companies-Determination of tax in certain cases-Failure to file Form No 10IC before due date of filing of return-Due to technical error, there being no fault of assessee, it could not be deprived of benefit under section 115BAA particularly when this being first year for availing such benefits-Order of Tribunal is affirmed.[S. 260A]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-ITAT directed the TPO to consider the functions, assets and risks (‘FAR’) of the year under consideration with FAR of the years in Advance Pricing Agreement (‘APA’)-Order of Tribunal is affirmed. [S.92CA, 260A]