S. 226 : Collection and recovery – Modes of recovery – As 20% of demand had not been deposited , assessee’s petition to stay of recovery is dismissed [ S.220(6), 226(3) ]

S. 220 : Collection and recovery – Assessee deemed in default -Waiver of interest – Principal amount of tax was not paid for over fourteen years – Rejection of waiver application for interest is held to be valid .[ S. 132,158BC, 220(2) ]

S. 197 : Deduction at source – Certificate for lower rate -Charitable trust – AO was directed to dispose the application expeditiously . [ S.11,12AA ]

S. 158BC : Block assessment – Search- Addition was made on the basis of seized material – Block assessment cannot be held to be invalid on the ground that the authorisation was not in the name of the assessee but the premises of the assesee – Neither AO nor Tribunal in appeal could examine warrant of authorization for purpose of examining whether there existed reasons to believe on material before competent authority to order search u/s 132(1) . Assessee has not disputed the panchanama prepared by the search team in the name of assessee- Block assessment is held to be valid . In the present case search and seizure was actually made on the premises on the premises of assessee and documents and material collected therefrom also pertain to it , therefore S.158BD is not attracted . [ S.132, 158BD ]

S. 153A: Assessment – Search-Documents seized revealed total expenditure that assessee incurred in respect of both his children was not disclosed in the return of income , addition confirmed by the Tribunal is up held . As both brothers have signed the panchnama there was no necessity of issuing notice u/s 153C of the Act . [ S.132 ]

S.147: Reassessment— After the expiry of four years- Failure to disclose material facts—Failure to deduct tax at source –Discount on sales – Revenue has not able to show that the assessee has claimed discount on sales as expenditure ,therefore Stay was granted in terms of prayer (d) of the petition . Court also observed that the AO is free to examine all issues in terms of Explanation III to S. 147 of the Act. [ S.148 ]

S. 139 : Return of income – Delay of 37 days -Chane of auditor -CBDT was directed to condone the delay of 39 days in filling of return . [ S. 119(2)(b) ]

S. 92C : Transfer pricing – Arm’s length price -Comparability Parameters and Application of Filters- Inappropriate filters had been used by asssessee which would lead to an incorrect choice of comparables. DRP passed order excluding three companies from final set of comparables drawn by TPO-Tribunal partly allowed assessee’s appeal, however, upheld inclusion of Thirdware Solutions Limited and exclusion of CG Vak Soft-ware & Exports Ltd. and Quintegra Solutions Ltd. as comparables for benchmarking international transaction under software development services segment- Order of Tribunal is up held .

S. 12AA : Procedure for registration –Trust or institution- Cancellation of registration on basis of violation of S.13(1)(c ) of the Act is held to be not valid [ S.11, 13(1)( c) ]

S. 10 (23C): Educational institution-Withdrawal of approval- Collection of capitalisation fee- Illegal activities -Rs 52 crores was collected as anonymous donations – Sham or bogus trusts cannot be held to be entitle to exemption . [ S.10(23C) (vi) ]