S. 153A: Assessment – Search – HSBC Geneva accounts- In absence of incriminating material found during search, no addition can be made in respect of completed/unabated assessments – Foreign bank account additions based merely on the Base Note received from the French Government and not on search material were unsustainable – Addition under section 69A also deleted as Revenue failed to establish assessee’s ownership of foreign bank accounts. [S. 69A, 132, 143(1), 143(2), 147, 148, 153A]

S. 254(1): Appellate Tribunal- Powers-Practice and Procedure – Authorised representative -Virtual Hearing – Dress Code – Appeal dismissed for non-compliance with SOP.[S. 288, R. 49 , ITAT R, 1963 , 17A ]

S.271D: Penalty]-Takes or accepts any loan or deposit]-Cash received from buyer of immovable property-The applicability of amended provisions by Finance Act, 2015 has taken effect from 1st June, 2015-Agreement to sell was entered on 31st Jan., 2015, and registered sale deed was executed on 31st May, 2016-Penalty not leviable. [S. 269SS]

S.271D: Penalty]-Takes or accepts any loan or deposit]-Immovable property-Amount received for providing additional amenities in the houses sold by the builder-Definition of consideration for transfer of immovable property referred to in s. 194-IA cannot be applied to consideration received for additional amenities]-Penalty was deleted. [S. 132(4), 194IA, 269SS]

S. 271AAB: Penalty-Search initiated on or after 1st day of July 2012-Not specifying the charge-Omnibus notice betrays application of mind by the AO-Entire penalty proceedings right from issue of notice to imposition of penalty are ab initio void-Penalty quashed. [S.274]

S. 271(1)(c): Penalty]-Concealment-Surrender of claim of exemption under s. 54F-Debatable issue-Not liable for levy of penalty under s. 271(1)(c) for furnishing inaccurate particulars of income.[S.54F]

S. 270A: Penalty for under-reporting and misreporting of income-Non-specification of charge/fault in the show-cause notice-Absence of proper charge vitiates the penalty notices-Levy of penalty was quashed. [S. 274]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Lack of proper enquiry-Cost of improvement]-Allowed the claim after verification-AO’s order was neither erroneous nor prejudicial to the interests of Revenue-Revision order was quashed. [S. 45, 55(1)(b)(2)]

S. 254(1): Appellate Tribunal-Powers-Information gathered from the Google search engine cannot be the basis for arriving at a decision-Tribunal cannot bring new facts on record, specially gathered from external sources/public domain, which do not form part of the orders passed by the lower authorities without confronting the same to the assessee.

S. 253: Appellate Tribunal-Appeals-Filing fee-Old regime or new regime]-No variation on quantification on assessed income-In terms of provisions of S 253(6), Clause (d) is applicable: filing fees only Rs 500; no defect in filing fees]-Delay of 71 days in filing an appeal was condoned. [S.115BC, 253(6)(d), 254(1)]