S. 237 : Refunds-Dividend distribution tax – Income-tax Refund order Essential factors Order must reflect conclusive and final- Preliminary or prima facie opinion not sufficient. Communication not demonstrating full and final satisfaction regarding entitlement to No breach of article 265 of Constitution where refund not conclusively determined Refund cannot be granted based on such communication. Fresh adjudication ordered. [Art. 265]

S. 234A : Interest-Default in furnishing return of income-Waiver of interest- Return filed voluntarily after receipt of letter from Assessing Officer-Delay owing to old age of assessee and assessee being illiterate-Factors can be treated as unavoidable circumstances-Waiver must be granted-Notification dated 23-5-1966(1997) 235 ITR 101 ( St ) [S. 119(2), 139, 234B, 234C,Art. 226]

S. 151A: Face less assessment scheme-Notices issued and orders passed outside purview of Jurisdictional Assessing Officer in faceless mechanism and hence set aside-Revenue given liberty in accordance with new procedure on outcome of Supreme Court decision in pending special leave petition on similar issue.[147, 148, 148A(b),148A(d), 151A, Art. 226]

S. 151A: Face less assessment scheme-Notices issued by jurisdictional Assessing Officer quashed and set aside-In a taxing statute, one has to look at the text as it is. There is no equity in taxation law. There is no intendment and presumption as to tax-Nothing is to be read in and nothing is to be implied- Revenue granted liberty to issue fresh notices in compliance with Central Board of Direct Taxes circular read with section 151A of the Act – Interpretation of taxing statue-term “randomly”. [S. 147, 148, 148A(b) 148A(d), Art. 226, 265]

S. 151A: Face less assessment scheme-Notice under section 148 issued by jurisdictional Assessing Officer instead of Faceless Assessing Officer-Non-compliance with provisions of section 151A-Banking business-Capital or revenue Purchase of securities-Broken period interest-Allowable revenue expenditure-Audit objection-Notice invalid.[S. 147, 148, 148A(b), 148A(d), Art.226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Information found recorded in coded electronic books of account of searched party – No scrutiny assessment – Reassessment notice is valid – Limitation-Quantum of escapement of income Limitation for assessment year 2017-2018 existing beyond 31-3-2021- Reassessment proceedings within prescribed time limit of six or ten years.[S. 147, 148, 148A(d), 153, Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice – Diversion of loan- Proceedings continued under section 148A pursuant to direction of Supreme Court in UOI v. Ashish Agarwal( 2022) 444 ITR 1 (1) (SC) – Reassessment proceedings held to be valid. [S. 147, 148, 148A(b), 148A(d), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice- Not granting sufficient time to reply-Principal Commissioner granting approval for notice prior to digitally signing of initial notice and passing of order for issue of notice for reassessment-Notice and order not valid.[S. 147, 148, 148A(b), 148A(d), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice- limitation-Notice issued after expiry of six years from relevant assessment year barred by limitation [S. 147, 148, 148A(b), 148A(d), 149(1)(b), Art. 226]

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice- Limitation-Time limit of four years reduced to three years for all situations-Time limits of four years and six years from end of relevant assessment years specified under Act not affected Assessing Officer required to issue notice for reopening assessment under section 148 of new regime within limit of surviving period under Act read with 2020 Act- Notice dated 29-7-2022 issued beyond surviving period of 2-7-2022 for assessment year 2013-2014 barred by limitation-Order for issue of notice and notice and consequent assessment order quashed and set aside. [S. 144B, 147, 148, 148A(b), 148A(d), 149 (1), Income-tax Act, 1961, ss. 144B, 147, 148, 148A(b), (d), 149(1) Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020, S. 3(1), Art. 226]