S. 147 : Reassessment-After the expiry of four years-Demerger-Notice not specifying failure to disclose any material facts truly and fully by assessee-Notice and subsequent order invalid. [S. 148, 263, Companies Act, 1956, S. 391 to394, Art. 226]

S. 144B : Faceless Assessment-Natural justice-Order passed without considering petitioners submission-Reasonable time not given to respond to show cause notice-Order and subsequent notices quashed-levied cost on the Assessing Officer Rs. 25,000 to be deposited to PM Cares Fund.[S.142(1), 143(3), 156, S.270A, 217AAC, Art. 226]

S. 144B : Faceless Assessment-Show cause notice was never served upon the petitioner-Natural justice-Personal hearing shall be issued at least seven working days in advance-Stricture-Harassment to assessee-Wasting precious judicial time and unnecessary expenditure on lawyers-The court held that the conduct of Assessing Officer was unacceptable and issuing of show cause notice cannot be just an empty formality. [S. 147,148, Art. 226]

S. 144B : Faceless Assessment-Natural justice-Assessment order passed without draft assessment order-No personal hearing given-Order was quashed and set aside. [S. 133(6), 143(2), 156, 271AAC, 271B, 274, Art. 226]

S. 143(3) : Assessment-Bogus purchases-Hawala dealers-Sales tax Department-Gift materials-Additions made to the total income on account of bogus purchases-Stock register and quantity details filed-Deletion Tribunal-Order of Tribunal is affirmed. [S. 69C, 260A]

S. 80IB(10) : Housing projects-Developer-SRA project-Ownership of land is not requirement of the statute-Entitle to deduction-Revision was held to be not valid. [S. 263]

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Provision for expenses-No disallowance is to be made for failure to deduct tax at source-Tax was deducted when payment was made-Deletion of disallowance is justified. [S. 37(1), 145]

Voluntary Disclosure of Income Scheme, 1997 (Finance Act, 1997, (1997) 225 ITR 113 (St) (141)
S. 68 : Voluntary disclosed income not to be included in the total income-Voluntary disclosed income not to affect finality of completed assessment-Tax in respect of voluntary disclosed income not refundable-Assessee cannot seek to reopen assessment of income disclosed under scheme-Not entitled to refund of tax paid-Cannot disclose part of his income under scheme and disclose balance in a belated return. [S. 64, 69, 70, IT Act, S. 139, 264]

Benami Transactions (Prohibition) Act, 1988,
S. 24 : Attachment, adjudication and confiscation-Search and Seizure-Benami Transactions-Provisional Attachment of property-Order for continuation of provisional attachment till final order of adjudicating authority-Failure to provide opportunity of cross examination-Dismissal of writ petition-No statutory provision stipulating providing of cross-examination of w itnesses-No violation of Principles of natural justice-Writ petition dismissed-All contentions of appellants to be raised before adjudicating authority during proceedings. [S. 24(1), 24(4), 24(4)(a)(i), 26(3), IT Act, S. 132, Art. 226]

Gift tax Act, 1958.

S. 4 : Gifts to include certain transfers-Deemed gift-Valuation of shares-Lock-in period-Shares not quoted shares, although companies listed-Valuation to be according to Schedule III to Wealth-Tax Act taking restrictions on transfer into account. [S. 4(1)(a), 4(1)(b), 6(1), Wealth-Tax Act, 1957, Sch. III, Part A, R. 2(9), Part C R. 11), Part H, R. 21]