This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals 
 
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S. 153A : Assessment – Search-Unabated assessment- No incriminating material –    Includes assessments for years for which time for issue of  notice under section 143(2) has lapsed [ S.132, 143 (2)] 
	
						 
								
				Dinesh Salecha v. Dy. CIT (2021) 85 ITR 41 (SN)(Mum) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 151 : Reassessment – Sanction for issue of notice – Mechanical grant of  approval – Failure to issue notice under section 143(2) — Reassessment Not Valid [ S. 68, 143(2), 147 , 148 ]  
	
						 
								
				Ram Niwas Jain v. ITO (2021)85 ITR 59 (SMC ) (SN)(Delhi) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 147 : Reassessment –  Passing of reassessment order within four weeks of disposing of objections of assessee to reopening — Not sustainable — Order quashed – Two views possible, then the view in favour of the assessee shall have to be followed for deciding the matter in dispute  [ S.148 ]  
	
						 
								
				FGR Logistics Pvt. Ltd. v. ACIT (2021)85 ITR 35 (SN)(Delhi) (Trib) FGR Logistics Pvt. Ltd. v. ACIT (2021)85 ITR 35 (SN)(Delhi) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 147 : Reassessment – Basis of  information that assessee deposited cash in bank and earned commission — Recording wrong and incorrect facts – Reassessment is bad in law [ S.148 ]  
	
						 
								
				Dheeraj Yadav v. ITO (2021) 85 ITR 43 (SMC) (SN)(Delhi) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 147 : Reassessment – Accommodation entries – Information from Investigation Wing-  Reassessment is bad in law [ S.68 ,69, 148 ] 
	
						 
								
				ASN Polymers Pvt. Ltd. v. ITO (2021) 85 ITR 56 (SN)(Delhi) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.147: Reassessment —  Accommodation entries- Failure to dispose objection – Failure to apply mind – Reassessment is bad in law [ S.68 , 148 ] 
	
						 
								
				Admach Auto Ltd. v. Dy. CIT (2021) 85 ITR 4 (SN)(Delhi) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.147: Reassessment- After the   expiry of four years- Assessment cannot be reopened on basis of  statement of  unrelated party — No opportunity of  cross-examination given- Reassessment is bad in law – Loan received by cheque and repaid by cheque- Addition can not be made on the basis of seized document   [ S.68, 132(4A), 148, 292C  ] 
	
						 
								
				Picheswar Gadde v. ITO (2021)85 ITR 68 (SN)/ 211 TTJ 887 / 202 DTR 41 (Delhi) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.147: Reassessment- After the   expiry of four years-  No failure to disclose material facts – Change of  opinion – Reassessment quashed [ S. 143 (3), 148 ] 
	
						 
								
				Baldevbhai Mangaldas Patel v. Dy. CIT (2021) 85 ITR 79 (Trib) (SN)(Ahd) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S. 144C : Reference to dispute resolution panel -Draft assessment order — Limitation period – Where assessee files objections before Dispute Resolution Panel within prescribed time Assessing Officer bound to wait for directions of  Dispute Resolution Panel -Final order without waiting for directions of  panel — Assessment order without jurisdiction [ S.143 (3) ]
	
						 
								
				Century Plyboards (India) Ltd. v. CIT (2021)85 ITR 5/ 209 TTJ 273 (SN)(Kol) (Trib)
				
					 
											 
					
					
		
			
									 
				
			
								
					
					
					
					
																	
						
						
S.143(3): Assessment — Limited scrutiny —  After approval from Principal Commissioner converted in to full scrutiny -Violation of instruction of Board –  Addition of loan – Produced loan confirmation  Held to be not sustainable [ S. 68 . 142 (1) ]
	
						 
								
				Spooner Industries P. Ltd. v ITO (2021) 85 ITR 44 (SN)(Delhi) (Trib)