S. 92C : Transfer pricing-Arm’s length price-Comparables-software development services, healthcare claim- Inclusion of Company— Companies selected by TPO were functionally dissimilar with assessee then companies could not be included in list of comparables.
S. 92C : Transfer pricing-Transfer of shares-The company in which shares was transferred was not in the winding up nor was there any reasonable prospect of its going into liquidation, adoption of NAV or book value was not really warranted-Matter remanded. [S. 92CA]
S. 92C : Transfer pricing–Arm’s length price-Adjustment of Management Support Service fee-APA with the Board, for the subsequent assessment years- Matter remanded to CIT(A)
S. 92C : Transfer pricing–Arm’s length price–Cup method-Royalty and technical fees- Even if the CUP method is applied to the international transactions of Royalty and Technical know-how fee, still no transfer pricing adjustment would be called for.
S. 92C : Transfer pricing—AMP expenses—No adjustment is required. There cannot be any formula with mathematical precision to determine ALP of international transaction relating to AMP expenses.
S. 80P : Co-operative societies–Interest income–FDR with banks– Operational funds–Entitle to deduction-Remanded for verification-Gross or net–Gross interest is held to be taxable. [S. 56, 57 80P(2)(a)(i)]
S. 80P : Co-operative societies–Mutuality-Nominal member cannot be treated as non-member and so transactions of nominal members cannot be treated as transactions of non-members-Entitle to exemption. [S. 4, 80P(2)].
S. 68 : Cash credits-Share Application amount-Pvt company–Burden is not discharged–Additions held to be justified.
S. 45 : Capital gains—Transfer—Development agreement-Under a development agreement, assessee authorizes developer for construction of apartments, it can be said that assessee has handed over possession of its plot to developer and, thus, the same constitutes transfer and same is taxable as capital gain in year in which agreement was entered into- Reassessment is held to be valid – Matter remanded. [S. 2(47), 54F, 147, 148]
S. 45 : Capital gains-Share of sale consideration of agricultural land-Relinquishment of shares–Family arrangement-Matter remanded to verification of shares of each members and decide accordance with law.