S.147: Reassessment- Reference to full Bench-Non-disclosure of primary facts –Reason to believe -Explanation 3 –Different interpretations by High Courts- Following issue framed for reference to the Full Bench i.e. “ whether the view expressed in the case of Ranbaxy Laboratories Ltd. v. CIT ( 2011) 336 ITR 136( Delhi)(HC) following in CIT Jet Airways (I) Ltd (2011) 331 ITR 236( Bom) (HC) and followed later in CIT v. Monarch Educational Society (2016 ) 387 ITR 416 ( Delhi) (HC) with respect to the interpretation of Section 147 read with Explanation (3) of the Act , is restrictive , so as to sustain only additions made in the course of reassessment proceedings subject to the additions adverted to in the reassessment notice in the “ reason to believe “ under section 147/148 of the Act and notice pursuant thereof “ ? [S.148 ]

S. 68 : Cash credits -Only on the ground that loan was not found to be reflected in balance sheet of donor addition cannot be made as cash credit. Assessee had demonstrated genuineness of transaction as well as reliability and creditworthiness of donor, said addition was unjustified.

S. 45 : Capital gains –Business income – Investment in shares -Intention of assessee at time of purchase of shares is paramount -Gain arising on sale of shares which was held as investment is assessable as capital gain and not as business income .[ S.28(i) ]

S. 36(1)(viia) :Bad debt-Provision for bad and doubtful debts – Schedule bank -Aggregate average advance made by rural branches of scheduled bank would be computed by taking amount of advances made by each rural branch as outstanding at end of last day of each month comprised in previous year which had to be aggregated separately [ R.6ABA ]

S. 12AA : Procedure for registration –Trust or institution-On receipt of registration Form 10 was filed claiming the benefit of S.11 of the Act- Single judge was justified in condoning the delay in submission of Form 10 and directing the AO to allow accumulation of income .[ S.11(2), Form 10 ] .

S. 11 : Property held for charitable purposes – Corpus donation- Corpus donation on which it earned interest, in view of specific direction of donors that said interest would also form part of corpus and entitle to exemption .[S.11(1)(d), 62 ,63 ]

Words and phrases- Meaning of word “The”

Prohibition of Benami Transactions Act, 1988.

S.24:Jurisdiction Of Officer — Notification No. S. O. 1620(E), dt. 18-5-2017 uploaded on Website of E-Gazette On 22-5-2017 — Department of publication Certifying date as 18-5-2017 — Notice and order of provisional attachment by Officer not authorised by Notification ,n 19-5-2017 is held to be not valid. [ S. 2(8) , 2(21), 18(1), 59 ]

S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012-No proceedings under S. 271(1)(c), initiated during course of assessment proceedings under S.143(3) of the Act. Admission by assessee in statement pursuant to search regarding undisclosed income and specifying manner in which such income derived — Initiation and imposition of penalty under S. 271AAB after completion of assessment proceedings is not vitiated by law .[ S.132, 271(1)(c ) ]

S. 260A : Appeal – High Court – Power to review decision — Review is only In case of patent error — Decision after consideration of facts by Tribunal and High Court — Decision cannot be reviewed .