S.143(3): Assessment-Income above 30 lakhs-Validity of notice issued u/s 143(2)-Instruction of CBDT 1 of 2011-Defective notice-Notice and proceedings invalid. [S.119, 143(2)]

S. 143(3): Assessment-Rejection of books of account-Business Expenditure-Deduction of tax at source-Failure to substantiate expenditure with documentary evidence-Assessment of income at 12 Per Cent-On total disclosed revenue based on material available on record brought to knowledge of Assessee in notice-Writ petition is dismissed-All contentions of assessee is left open to be raised before Appellate Authority.[S. 40(a)(ia), 144B, 194C, 270A, Art. 226]

S. 143(3): Assessment-Rejection of books of account-Business Expenditure SLP against dismissal of writ petition is dismissed-Clarified that in the event the assessee filed an appeal, the Commissioner (Appeals) shall examine all issues and contentions on the merits without being influenced by any of the observations made by the High Court. [S. 40(a)(ia), 144B, 194C, 270A, Art. 136]

S. 139 : Return of income-Revised return of income-Bar of limitation-Revised return was filed after expiry of prescribed time-Tribunal directing Assessing Officer to consider Assessee’s claim made in revised return-Order of Tribunal is set aside-Order of Assessing Officer confirmed by Commissioner (Appeals) is restored. [S. 139(5), 143(1)(a), 143(2), 254(1), 260A]

S. 139 : Return of income-Revised return of income-Bar of limitation-Revised return was filed after expiry of prescribed time-Tribunal directing Assessing Officer to consider Assessee’s claim made in revised return-Order of Tribunal is set aside by the High Court-Order of Assessing Officer confirmed by Commissioner (Appeals) is restored-Appeal of assessee is dismissed. [S. 139(5), 143(1)(a), 143(2), 254(1), Art. 136]

S. 132B : Application of seized or requisitioned assets-Search and seizure-Strictures-Return of seized cash-Inordinate delay in returning seized cash-Clear case of high handedness on the part of the officers of the Revenue-Entitled to interest on amount returned-SLP of Revenue is dismissed.[S. 132, Art. 136]

S. 119 : Central Board of Direct Taxes-Circular-Charitable Institution-Failure to file Audit report with return of income-Up loading the audit report was.2.5 years-Condonation must be given liberal interpretation-Commissioner has power to condone delay-The order rejecting the application is quashed and the delay is condoned-The Respondent is directed to pass an appropriate order in accordance with law. [S. 11, 12A, 119(2(b), Form Np 10B, Art. 226]

S. 68 : Cash credits-Burden of proof-Onus of proving identity, genuineness of transaction and creditworthiness of investors on assessee-Failure to satisfy required conditions-Order of Tribunal is affirmed. [S. 260A]

S. 32AB : Investment deposit account-Eligible business-Profits and gains of business-In accounts rental income was shown as business income-Entitle to deduction-Order of Tribunal is set aside. [S. 22,28(1), 32AB(1)(ii), 32AB(3) 260A]

S. 12A : Registration-Trust or institution-Application for registration erroneously made while charitable institution continued to be registered-Assessee is permitted to withdraw application filed inadvertently-Interpretation-Precedent-Doctrine of merger-Difference between decision of Supreme Court rejecting appeal by Special Leave and decision decided on appeal. [S.12AA, 12AB, Art.141, 226]