S.147: Reassessment – Two assessment years reopened – One with in four years – One after the expiry of four years – Condition Precedent — Primary facts necessary for assessment fully and truly disclosed — AO had applied his mind – Not open for the AO to reopen assessment based on very same material and to take a different view – Notices for reopening on change of opinion – Invalid [S. 148, Art , 226 ]

S.147: Reassessment – After the expiry of four years – Condition Precedent — Notice not specifying failure to disclose any material facts truly and fully by assessee — Notice and subsequent order invalid. [S. 148, Art , 226 ]

S. 144B : Faceless Assessment – Contention of denial of opportunity of personal hearing requested by Assessee — Assessment order stayed.[ Art , 226 ]

144B: Faceless Assessment –Mandatory condition – Assessment order passed without passing the draft assessment order – Assessing Officer was directed to pass a fresh order , after complying with requirement of section 144B .[ S. 143 (3), Art , 226 ]

S. 143(3) : Assessment –Show cause notice granting time of only four days – Assessment order passed in violation of principles of natural justice to be set aside. [ Art , 226 ] S. 143(3) : Assessment –Show cause notice granting time of only four days – Assessment order passed in violation of principles of natural justice to be set aside. [ Art , 226 ]

S. 127 : Power to transfer cases – Assigning of reasons in notice — Search proceedings showing that assessee residing in Nagaland and had financial interests in Kerala — Transfer for purposes of co-ordinated investigation — Cogent and credible reasons assigned in notice — Notice sent to registered office in Kerala and received by Assessee — Order for transfer valid .[S. 132, ITR 127, Art, 226 ]

S. 80P : Co-operative societies – Society formed for enabling financial and social welfare of toddy tappers and workers for tapping and selling toddy — Could not be considered co-operative society engaged in collective disposal of labour of its members — Eligibility of assessee for deduction as society engaged in marketing of agricultural produce grown by its members — Matter remitted to Tribunal.[S.80P(2)(a)(vi) ]

S. 37(1) : Business expenditure –Capital or revenue – Ware house business – Expenditure for raising floor height of Godown – Expenditure incurred to run the business profitably is revenue expenditure.

S. 143(3): Assessment – Order passed in the name of non-existent amalgamating entity – valid. [ Companies Act, 1956, S. 394 , 481 ]

S. 143(3): Assessment – Order passed in the name of non-existent amalgamating entity – valid. [ Companies Act, 1956, S. 394 , 481 ]