S. 148 : Reassessment –Notice -Name struck off – Notice served on person not authorised by the assessee is not valid service – Assessment order was quashed – Section 292BB is prospective and applicable from AY. 2009 -10 onwards [ S.147, 282, Code of Civil Procedure 1908, Order, 5 ]

S. 147 : Reassessment – Change of opinion –Depreciation on intangible – Acquisition of Brands – Information from Investigation Wing – All materials were before the Assessing Officer during original assessment proceedings – Once the query raised was subject to the consideration of the AO , while completing the assessment , it is not necessary that the assessment order should contain reference and / or discussion to disclose his satisfaction in respect of each of query raised – Reassessment based on same records quashed on the ground of change of opinion [ S. 32 , 92CA(4), 148 , Art , 226 ]

S. 147 : Reassessment – Borrowed cash loan – Violation of section 269SS – Reason did not mention that income that escaped assessment – Mechanical approval -Reassessment notice is invalid and quashed [ S. 148 , 151, 269SS, 269T , Art , 226 ]

S. 127 : Power to transfer cases – Transfer for effective and co -ordinated investigation and assessment – Transfer valid [ S. 132, Art . 226 ]

S. 12AA : Procedure for registration –Trust or institution- Third party statement – Failure to record how the activities of the Trust is not genuine – Order of cancellation of registration is not valid [ S. 12A, 12AA(3), 133A ]

S.54F : Capital gains- Investment in a residential house – Non -Resident – Transfer of tenancy rights – Invested in residential flat in proposed building – AO was indeed in error in adopting a hyper-pedantic approach and holding that there was a fresh claim for exemption under section 54F of the Act -Entitle for exemption [ S.45, 54, ]

S. 149 : Reassessment – Time limit for notice – Board’s circular dated 11-5 -2022 ( 2022) 444 ITR 43( St) – Income escaping assessment to tax is less than Rs .50 lakhs – Reopening is not valid [ S.148, 148A Art , 226 ]

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Show cause notice and order are based on distinct and separate grounds- Information referred in show cause notice was not provided – Notice was quashed – Respondents were given liberty to furnish additional material in support of the alleged allegation made in show cause notice .[ S. 148, 148A(d) , Art , 226 ]

S. 40(a)(ia): Amounts not deductible – Deduction at source – Advertisement expenditure- Late fee and service tax – Disallowance is not valid

S. 12AB: Procedure for fresh registration – Commissioner granted the Registration subject to various conditions – Conditions cannot be imposed as the scheme of the Act does not visualise the conditions imposed by the Commissioner [ S. 2(15)( 11), 12, 12A , 80G 115TD, 115 TF , Foreign Contribution Regulation Act 2010 (FCRA) ]
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