S. 143(3) : Assessment-Assessment order without DIN (Document identification number) has not valid in law-Statutory defects in the assessment order cannot be cured by applying the provision of section 292B of the Act-Circular No 19 of 2019 dated 14-8-209 (2019) 416 ITR 140 (St) of CBDT is binding on the Revenue-Order of Tribunal quashing the assessment order was affirmed-On SLP, interim stay of order dated 20-3-2-2023 as well as order of the ITAT dated 19-9-2022, until further orders. [S. 144C, 147, 292B, Art. 136]

S. 142(2A) : Inquiry before assessment-Special audit-Extension of time-Cannot be exercised by the Commissioner-Order of Tribunal is affirmed.[S.142(2A)(C), 260A]

S. 139 : Return of income-Delay in filing return-Pendency of ruling before Authority for Advance Rulings (AAR)-Genuine hardship-Delay is condoned-Directed to pay cost of Rs 50000 each petition. [S.119(2)(b), 245R(2), Art. 226]

S. 139 : Return of income-Invalid return-Condonation of delay-Central Board of Direct Taxes-Genuine hardship should be construed in a liberal manner-Delay is directed to be condoned [S. 119(2)(b), 139(9) Art. 226]

S. 127 : Power to transfer cases-Search and seizure-Transfer from Hyderabad to Mumbai-Opportunity of hearing was given-Transfer is justified-Writ petition dismissed. [Art. 226]

S. 119 : Central Board of Direct Taxes-Compensation wrongly shown as taxable-Application for condonation of delay of revised return-Genuine hardship-Refusing to condone the delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this, when the delay is condoned, the highest that can happen is that a cause would be decided on merits after hearing the parties-Delay is condoned-Directed to decide on merits. [S. 119(2)(b),143(1), Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, Art.226]

S. 115A : Foreign companies-Tax-Dividends-Royalty-Technical services fees-Determination of tax in certain cases-New agreement and not extension of the licence and Technical Assistance agreement tax rate is 10.56% under section 115A instead of 20 % under the India-Italy DTAA-No substantial question of law. [S.9(1)(vi),260A, art. 12]

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-No interest was paid to creditor or supplier nor any interest has been earned from unrelated party-Deletion of addition by the Tribunal is affirmed-SLP of Revenue is dismissed.[Art. 136]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-AMP expenses in respect of products of AE-Comparables chosen by TPO had a net margin lower than that registered by assessee, no upward adjustment was required to be made. [S.92CA, 260A]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-Transfer Pricing Officer is not empowered to hold transaction as sham transaction-The questions of law with respect to the powers and jurisdiction of Transfer Pricing Officer are kept open for being considered in an appropriate case. [S.92CA, Art. 136]