S. 158BC : Block assessment-Undisclosed Income-No incriminating material found during search-Addition cannot be made-Delay in filing return-Interest payable till date of original assessment order–No provision to charge interest beyond date of original assessment. [s. 158BFA(1)].
S. 158BC : Block assessment-Undisclosed income-Incriminating material was found-Explanation was not satisfactory-Addition was held to be justified-Limitation-Panchnama-Limitation starts only from date of third panchnama-Not barred by limitation. [S. 158BE]
S. 153D : Assessment-Search-Approval-Charitable Trust-Siphoning off of funds by founder-Approval given on same day by Additional Commissioner Stationed 250 Kms. away from Assessing Officer’s Office-No record regarding movement of files-Approval given without application of mind-Assessment null and void. [S. 10(23C) 12AA, 153A]
S. 153A : Assessment-Search or requisition-No incriminating material-Addition not sustainable-Share application money-Share premium-Identity of share holder established-Addition was held to be not valid. [S. 68]
S. 153A : Assessment-Search-Unproved expenditure-No incriminating material was found-Ad-hoc expenditure of fifty percent of expenditure is held to be not sustainable. [S.132]
S. 147 : Reassessment-Recorded reasons-No addition was made on the basis of recorded reasons-Addition was made on long term capital gains-Reassessment was not valid. [S. 148]
S. 147 : Reassessment-Information from investigation Wing-Client code modification-Recording of incorrect and wrong facts-Mechanical approval-Reassessment was not valid. [S. 148, 151]
S. 147 : Reassessment-Mentioning of wrong section 147(b)-Not curable defects-Reassessment was quashed as bad in law [S. 148, 292B]
S. 147 : Reassessment-Search and seizure-Failure by revenue to establish that the seized documents belong to assessee-Opportunity cross examination not provided-Reassessment was held to be not valid. [S. 132]
S. 92C : Transfer pricing-Arm’s length price-Net Margin Method or Cost-Plus Method-Directed to adopt cost plus method. [S.92CA]