S. 271(1)(c) : Penalty-Concealment-Not specifying the charge-Levy of penalty is held to be not valid-Legal issue-Additional ground was admitted-Penalty provision u/s 271AAA is not applicable to search cases conducted after 1-7-2012. [S. 132, 254(1), 271AAA, 271AAB, 274]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Housing projects-Principle of consistency applied to an order under section 263 of the Act as well-Revision was barred by limitation-Issue was not subject of reassessment proceedings-Assessing Officer adopting permissible view-Revision is held to be invalid. [S. 80IB(10), 263(2)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Issue subject matter of appeal-Commissioner is not barred from exercising power of revision-Interest free funds-Direction was modified-Failure to deduct ta at source-Production expenses-Revision was held to be valid. [S. 36(1)(iii), 40(a)(ia), 263, Expln. 1(c)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Revision of reassessment order-Reassessment was farmed without issue of mandatory notice under section 143(2) of the Act-Not curable defects-Revision assessment order which was non est in law is null and void. [S. 143(2), 143(3), 147, 148, 292BB]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Long term capital loss-Audit objection-Assessing Officer depending his view in response to audit query-Revision order is held to be not valid. [S. 143(3)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Revision directing the Assessing Officer to make fresh assessment on issues not subject matter of limited scrutiny – Revision is bad in law. [S. 142(1) 143(2)]

S. 253 : Appellate Tribunal-Monetary limits-Penalty-Exception provided in para 10(e) of Circular No. 17 of 2019 (2019) 426 ITR 106 (St), applicable only for quantum proceedings and cannot be applicable for penalty proceedings – Appeal is not maintainable. [S. 254(1), 271(1)(c)]

S. 251 : Appeal-Commissioner (Appeals)-Power of enhancement-No jurisdiction to travel beyond record-Appeal against cash credits-Enhancement cannot be made for making estimate commission of 2 Per Cent of commission. [S. 68, 251(1)(a)]

S. 153C : Assessment-Income of any other person-Search-Opportunity of cross examination. Was not given-Addition is not valid-Order passed u/s. 143(3) is bad in law-Order ought to have been passed u/s. 153C. [S. 132, 143(3), 153A]

S. 153A : Assessment-Search or requisition-No incriminating material was found-Addition cannot be made merely on the basis of post dated cheques without any corroborative evidence. [S. 132]