S. 151 : Reassessment-Sanction for issue of notice-Approval of commissioner in a mechanical manner without due application of mind and mentioning only “yes”-Reassessment is not sustainable. [S. 147, 148]

S. 147 : Reassessment–Reopening on same issue merely for making fishing or roving inquiries is impermissible in law. [S. 148]

S. 147 : Reassessment–Notice-Notice was neither served upon assessee nor sent at proper address–Reassessment is held to be not valid. [S. 148]

S. 147 : Reassessment-Reopening without jurisdiction-Non recording of satisfaction that income has escaped assessment by reason of failure on the part of Assessee to disclose material facts and hence quashed reopening proceedings.[S. 148]

S. 147 : Reassessment-Reasons recorded and additions made–CIT(A) deleted some additions which formed part of reasons–other additions not part of reasons survived-held no other addition could survive in respect of which reasons are not recorded. [S. 148]

S. 147 : Reassessment-Invalid if the ground on which reopening have been done has disappeared-Incorrect reasons recorded. [S. 14A, 148]

S. 147: Reassessment-Audit objection-Full and true disclosure of facts by assessee during original assessment-Mere change of opinion-Reopening invalid and bad in law. [S. 10(23C)(iiiab), 148]

S. 145 : Method of accounting-Rejection of books of account-Estimation of gross receipts-Factors to be considered -Estimation pure question of fact -Assessee’s turnover growing more than 5 times compared to last year -Reliance on past year’s figures not appropriate guide -Comparison with other similar businesses-Application of net profit rate of 8% highly excessive-Where books of account not available, AO should rely on Audit Report-AO is directed to apply net profit of 6%. [S. 145(3)]

S. 144C : Reference to dispute resolution panel–Draft assessment order-Assessee is a LLP in Germany-TPO had not proposed any variation– Assessee was not a foreign company assessee is not eligible to draft AO order-Draft assessment order and final order passed by AO held void ab initio-DTAA-India–Germany. [S. 144C(15) (b), Art. 12]

S. 143(3) : Assessment–Books of account–TDS return-Difference in income as per 26AS and books of accounts–No additions can be warranted. [S.28(i), Form, 26AS]