S. 271AAA : Penalty-If no search has taken place in premises of assessee – All conditions laid down fulfilled–Deletion of penalty is held to be justified. [S. 132, 153C]

S. 271(1)(c) : Penalty–Concealment–Preferring incorrect claim by itself will not tantamount to furnishing inaccurate particulars of income and therefore penalty under S.271(1)(c) of the Act, cannot be imposed on the same.

S. 198 : Deduction at source-Tax deducted is income received–Mismatch of receipts- Balance sheet item-Service tax wrongly treated as TDS by AO cannot be considered as income. [Form 26AS]

S. 195 : Deduction at source-Non-resident-Other sums-Payment made to foreign entities for supply of equipment-where no income accrued in India – Not liable to deduct tax at source. [S.5, 9(1)(i), 194C]

S. 194C : Deduction at source–Contractors–Sub-Contractor- Contractor has to deduct tax at source on payment made to their sub contractors – Where person fails to deduct tax at source on sum paid to resident or on sum credited to account of resident such person shall not be deemed to be assessee in default in respect of such tax if such resident has furnished his return of income u/s. 139. [S. 40(a)(ia), 139, 201]

S. 153A : Assessment-Search or requisition–If assessee has neither filed return in response to notice nor participated in the assessment proceedings, addition made on the same shall not be deleted-Matter remanded to CIT (A).

S. 147 : Reassessment—Change of opinion – When the initiation of reassessment proceedings amounted to change of opinion, same is not permitted in the law. [S. 40(a)(ia), 43B]

S. 147 : Reassessment-Amalgamation-AO issued notice for reopening only against amalgamating company and not against assessee company which was amalgamated/successor company, assessment made in name of assessee company was void. [S. 148, 292B]

S. 145 : Method of Accounting – Percentage completion method – Accepted by department in earlier year, then there is no reason for AO to deviate from that method.

S. 144C : Reference to dispute resolution panel-In terms of sub-section (1) of section 144C, issuance of draft assessment order is a sine qua non before Assessing Officer can pass a regular assessment order under section 143(3). [S. 143(3), 292B]