S. 143(3) : Assessment order-Appeal-Commissioner (Appeals)-Order passed without giving an opportunity of cross examination-Writ petition was filed after one year of passing of the Order-Writ is not maintainable-Order of single judge is affirmed. [S. 131, 246A, Art. 226]

S. 143(3) : Assessment-Violation of natural justice-High-pitched assessment-Denial of opportunity for personal hearing-Assessment not valid. [S. 143(3A), 143(3B), Art. 226]

S. 143(3): Assessment-Estimation of gross profit-Question of fact-Appeal is not maintainable. [S. 260A]

S. 143(3) : Assessment-Bogus purchases-No rule that entire purchases should be added-Sales accepted-Disallowance of 12.5 Per Cent. of purchases held to be proper. [S. 37(1)]

S. 139 : Return of income-Revised return-Export-oriented undertaking-Declaration to be furnished to Assessing Officer in writing and before due date for filing return-Filing original return on due date with Auditor’s report claiming exemption and not carrying forward any loss-Claim of exemption withdrawn in revised return filed after due date and loss claimed to be carried forward-Held to be not permissible. [S. 10B(5), 10B(8), 72, 80, 139(1), 139(3), 139(5)]

S. 132B : Application of seized or requisitioned assets-Cash seized by police-Search and seizure-Cash seized from individual-Application by the firm to release the cash seized from its employee-No evidence-Rejection of application is held to be justified. [S. 132, 132(4),132A ,153A, Art. 226]

S. 132 : Search and seizure-Warrant of authorisation-Reason to believe-Accommodation entry-Warrant of authorisation to investigate trail of money paid-Detailed reasons recorded in satisfaction note-Bona fide opinion that assessee would not respond to summons in West Bengal-Warrant of authorisation valid. [Art. 226]

S. 119 : Central Board of Direct Taxes-Condonation of delay-Pending application-Circular dated 9-6-2015 (2015) 374 ITR 25 (St) prescribing limitation period of six years-Cannot have retrospective effect-Order Rejecting application on basis of circular set aside-Matter Remanded to Board. [S. 54EC, 119(2)(b), 154, 264, Art. 226]

S. 92CA : Reference to Transfer Pricing Officer-Arm’s Length price-Limitation-Reference and approval-Question of limitation is legal plea and can be raised at any stage-Existence of alternate remedy not bar-Writ is maintainable Participation of assessee in proceedings not a bar to challenging jurisdiction-The reference to the Transfer Pricing Officer had been made after the permissible period, the timeline had been missed by the Department at every stage. Therefore, as a sequitur, all further proceedings, in furtherance thereof were also bad in law-Decision of single judge set aside. [S. 144C, 153(1) Art. 226]

S. 80HHC : Export business-Turnover-Burden is on assessee to prove that royalty received from subsidiary company related to Export business-Royalty not to be included in turnover for computation deduction. [S. 80HHC(4)]