S. 10B: Export oriented undertakings – Deduction allowable on the gross total income without setting off the carried forward business loss and unabsorbed depreciation of non -eligible unit – Matter remanded [ S. 32(2), 72 ]

S. 276CC : Offences and prosecutions – Failure to furnish return of income – Delay of 10 days – Department cannot launch prosecution in the absence of sanction u/s 278B of the Act – Prosecution was quashed [ S. 2(20) 2(35)(b), 278B, 278E, 279 ]

S.270AA: Immunity from imposition of penalty ,etc- Object of the section to encourage / incentivize a tax payer to fast -track settlement of issue and to recover tax demand and reduce protracted litigation – Order set aside and directed the Department to grant immunity under the Act .[ S. 270A, 274, Art . 226 ]

S. 195 :Deduction at source – Non-resident – Other sums – Reimbursement of salaries – Intercompany master service agreement – Rejection of application is not justified .[ Art , 226 ]

S. 154 : Rectification of mistake – Refund along with interest -CBDT instruction – Direction issued to dispose the application within six weeks by way of reasoned order and issue refund if any along with interest within said time . [ S. 119, 244A, 245 , Art , 226 ]

S. 153 : Assessment – Reassessment – Limitation – Tribunal remanding back for denovo adjudication – Notice beyond limitation period was quashed – Directed to refund the amount in excess of admitted liability along with interest [ S. 92CA(3A), s153 (4), 240 , 244 , 254(1), Art , 226 ]

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessment order not passed – Statement of entry provider – Case does not fall under the exceptional grounds – Alternative remedy – Writ petition was dismissed [S. 148 , Art, 226 ]

S. 148 : Reassessment –Notice -Name struck off – Notice served on person not authorised by the assessee is not valid service – Assessment order was quashed – Section 292BB is prospective and applicable from AY. 2009 -10 onwards [ S.147, 282, Code of Civil Procedure 1908, Order, 5 ]

S. 147 : Reassessment – Change of opinion –Depreciation on intangible – Acquisition of Brands – Information from Investigation Wing – All materials were before the Assessing Officer during original assessment proceedings – Once the query raised was subject to the consideration of the AO , while completing the assessment , it is not necessary that the assessment order should contain reference and / or discussion to disclose his satisfaction in respect of each of query raised – Reassessment based on same records quashed on the ground of change of opinion [ S. 32 , 92CA(4), 148 , Art , 226 ]

S. 147 : Reassessment – Borrowed cash loan – Violation of section 269SS – Reason did not mention that income that escaped assessment – Mechanical approval -Reassessment notice is invalid and quashed [ S. 148 , 151, 269SS, 269T , Art , 226 ]