S. 144B : Faceless Assessment – Principle of natural justice – Order passed without providing due opportunity – Notice cum draft assessment order – Provided only one day time – Order was set aside [ Art , 226 ]

S. 144B : Faceless Assessment – Violation of principle of natural justice- Request for personal hearing had been was not granted – Draft assessment order was not issued – Order passed is held to be non-est and set aside . [ S. 143(3) , Art , 226 ]

S. 144B : Faceless Assessment – Violation of principle of natural justice -Order was not passed in accordance with procedure laid down under section 144B(9) Act – Order was set aside- Court also observed that such orders are continued to be passed, substantial costs will be imposed on concerned Assessing Officer which would be recovered from his/her salary and also department is to be directed to place such judicial orders in career records of such Assessing Officer [ S. 144B(9) , 156 270A, Art , 226 ]

S. 127 : Power to transfer cases – Transfer from one Commissioner to another – Search and Seizure – Connected – Notice must be specific – Failure to deal with reply of assessee – Notice was quashed . [ S. 127 (1). 127(2) , 132, Art , 226 ]

S.37(1): Business expenditure – Salary , professional fees etc – Allowable as revenue expenditure

S. 36(1)(vii) :Bad debt – Advances made in the course of business – Interest income was assessed as business income in earlier year- Advances written off – Allowable as bad debt . [. S.36(2)(i), 37 (1) ]

S. 9(1)(i): Income deemed to accrue or arise in India – Representative assessee — Trustee – Business connection -British Virgin Islands by company registered in Jersey- Trust in Jercy becoming sole beneficiary – Power to make investment in in India – Foreign Trustees recognised by Indian Income-Tax Law — Arrangement for purposes of commercial expediency – Income that accrued to the trust would not be chargeable to tax in India either by virtue of application of section 61 read with section 63 or section 161 of the Act conjointly with the provisions of article 24 of the DTAA. Income accruing – Ruling of AAR was quashed – DTAA-India -UAE [ S. 5(2), 10(23FB) 61, 62, 63 , 90, 160 , 161, 245-0, Indian Trusts Act, 1882, S. 1,3 , Art , 4 (2)(d), 24 ]

S. 147 : Reassessment – After the expiry of four years – Subsequent search and Seizure of another party – Loan activity not established – Recorded reasons must indicate the manner in which the Assessing Officer has come to the conclusion that income chargeable to tax has escaped assessment – Reason recorded cannot be substituted – Reassessment Notice was quashed .[S. 68 , 132, 133A, 148 , 153A, Art , 226 ]