S. 271(1)(c) : Penalty-Concealment-Penalty notice provided less than 24 hours to assessee to appear in person or through authorized representative-Shorter period could be termed as a pure and simple breach of principles of natural justice-Assessing Officer was to be directed to give an opportunity of hearing to assessee from stage where it was left-Matter remanded.[Art. 226]

S. 264 : Commissioner-Revision of other orders-Reassessment-Pendency of writ petition-Revision petition filed by assessee against reassessment order was to be decided.[S. 143(3), 147, 264(4)(a), Art. 226]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Share capital-Unsecured loans-Record-Principal Commissioner had to examine all records pertaining to assessment year at time of examination by him, which included, post-search assessment proceedings and thereafter only if he found that order passed by Assessing Officer on any issue was erroneous insofar as it was prejudicial to interest of revenue-Order of Tribunal quashing the revision order is affirmed.[S. 68, 153A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Provision for doubtful debts-Air-conditioning charges-Employees contributions(EPF/ ESI-Assessing Officer followed the order of jurisdictional High Court-Order in Checkmate Services (P) Ltd (2023) 290 Taxman 19/(2022) 448 ITR 518 (SC) is considered-Order of Tribunal quashing the revision order is affirmed. [S. 36(1)(va), 37 (1)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business expenditure-Specific query was raised in the original assessment proceedings-Mere failure to issue notice under section 133(6) did not warrant exercise of jurisdiction under section 263 of the Act-Order of Tribunal is affirmed.[S. 37(1), 143(3)]

S. 245C : Settlement Commission-Settlement of cases-Case-There was no case pending in relation to assessment years on date of respective applications-Any proceeding for assessment under this Act-Application for the Assessment year 2012-13 and 2013-14 are held to be not maintainable-Applications in respect of assessment years 2014-15, 2015-16, and 2016-17 were maintainable because in terms of Explanation (iv) proceedings for said assessment years were not concluded on date on which assessees had filed their respective applications-Order of Settlement Commission was affirmed.[S.148, 245A,Art. 226]

S. 220 : Collection and recovery-Assessee deemed in default-Assessing Officer failed to disclose reasons while rejecting stay application and Commissioner (Appeals) also failed to consider stay application considering financial hardships-Assessee was directed to deposit 10 per cent of disputed demand-Matter remanded. [S. 144, 156, 250, Art. 226]

S. 154 : Rectification of mistake-Mistake apparent from the record-Book profit-Claim of set off of book loss or unabsorbed depreciation upto assessment year 2014-15-Debatable issue-Order of Tribunal allowing the appeal of the assessee is affirmed. [S. 115JB]

S. 153A : Assessment-Search-Assessment orders were passed without giving reasons as to why department had not granted specific time despite petitioner’s specific request-Assessment orders were quashed and matters to be remanded back to department for fresh consideration.[S. 143(3), 153B, Art. 226]

S. 149 : Reassessment-Time limit for notice-Limitation of six years from end of relevant assessment year-All original notices under section 148 referable to old regime and issued between 1-4-2021 to 30-6-2021 would stand beyond prescribed permissible timeline of six years from end of assessment year 2013-14 and assessment year 2014-15-All notices they would relate to assessment year 2013-14 or assessment year 2014-15 would be time barred as per provisions of Act as applicable in old regime prior to 1-4-2021-These notices could not have been issued as per amended provisions of Act-Notice dated 26-5-2022 issued by respondent-Assessing Officer under section 148, seeking to reopen assessment in respect of assessment year 2014-15 and order dated 30-6-2022 passed under section 148A(d), and all consequential actions, were quashed and set aside-Circulars and Notifications : Notification No. 38 of 2021, dated 27-4-2021.[S. 148, 148A(b), 148A(d), Art. 226]