S. 43(5) : Speculative transaction–Hedging contracts with bank– Loss on fluctuation in foreign currency–Interest was paid on fixed rate of 1.7 percent on loan amount–Not speculative in nature eligible as deduction–Interest is held to be allowable–Premium is held to be allowable on proportionate basis. [S. 36(1)(iii), 37(1), 40(a)(ia), 195]

S. 11 : Property held for charitable purposes-Pendency of appeal–Registration was granted–Corpus donation-Matter remanded to AO. [S. 12A, 12AA]

S. 17 : Perquisite – Salaries -Shares were not allotted by company to assessee in his capacity of being an employee -No benefit was received by assessee – Addition cannot be made as perquisites .[ S.15.17(2), 56(2) (vii) ]

S. 254 (1) : Appellate Tribunal–Power-Ex prate order-Tribunal has statutory power to recall its order if it is satisfied that respondent has failed to appear before it for sufficient cause at time of hearing and to restore appeal.[ITAT R. 25]

S. 254(1) : Appellate Tribunal–Duties-Delay in filing of appeal- Rejection of appeal is held to be not justified-Delay was condoned and directed the Tribunal to decide o merits. [S.10(23C(vi), 253 ]

S. 245D : Settlement commission-where Commission had taken note of each of objections raised by Commissioner in his report and after testing same against disclosure of income made by assessee in his application, proceeded to dispose of matter by impugned order, there being no perversity in order passed by Commission, petition was to be dismissed. [S.245C, 245D(4)]

S. 245C : Settlement Commission-Settlement of cases–Clubbing of shareholding held by different shareholders to make collective shareholding of 20 per cent is not permissible under law–Rejection of application is held to be justified. [ S. 132 ]

S. 226 : Collection and recovery-Assessee deemed in default-Stay-Rejection of stay application by a single line order stating petition rejected – Order set aside and directed the tax authorities to pass speaking order. [S. 220]

S. 154 : Rectification of mistake-Deduction at source-Interest other than interest on securities–Merger-Order of Commissioner (Appeals) stood merged with order of Tribunal, and further with subsequent orders of High Court and Supreme Court; hence, there did not remain or survive any jurisdiction with Commissioner to seek any rectification or correction in his earlier order–Rectification order was quashed. [S.194A, 201(1), 201(IA), 250]

S. 148 : Reassessment–Notice–Notice against dead person-Merely because in response to notice issued against Jayantilal Harilal Patel petitioner had informed Assessing Officer about death of assessee and asked him to drop proceedings- it could not, by any stretch of imagination, be construed as petitioner having participated in proceedings and, therefore, provisions of section 292B would not be attracted –Notice is held to be invalid. [S. 2(7) / 2(29), 159, 147 292B]