S. 80IB(10) : Housing projects- Condition that completion certificate must be obtained within four years from local authority -Amendment is not retrospective —Not applicable prior to 1-4-2005 – Order of Tribunal quashing the reassessment is held to be valid. [S. 147, 148]

S. 68 : Cash credits–Loan–Accommodation entries-Creditor admitting loan was not genuine–Retraction of admission after more than two years–No evidence was produced to prove genuineness of loan-Order of Tribunal is affirmed-No substantial question of law. [S. 131, 133A, 260A]

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Contractors-Turnover did not exceed monetary limit prescribed under the Act for tax audit – Not liable to deduct tax at source-Disallowance cannot be made for failure to deduct tax at source. [S. 44AB, 194C]

S. 10A : Free trade zone-Disallowance of expenses-Enhanced profit due to statutory disallowances–Entitle to deduction. [S.40(a)(ia)]

S. 10(23EA) : Investor Protection Fund–Trust which is qualified under Sections 11 to 13 could also claim exemption–Rejection of claim is held to be not justified. [S. 11, 12, 13]

S. 43B : Deductions on actual payment – Provision for leave encashment- Not allowable as deduction .[ S.43B(f) ]

S. 69C : Unexplained expenditure – Bogus purchases – AO cannot blow hot & cold by disallowing the purchases from a party as bogus while treating sales to same party as genuine-Entire purchases cannot be disallowed – Percentage of addition to gross profit is held to be justified.

S. 68 : Cash credits – Share capital – Share premium- Additional grounds -Photocopies of blank share transfer forms, blank signed receipts etc necessary for transfer of shares found with assessee are not admissible as evidence u/s 61 of Evidence Act and not incriminating in nature- All investors are assessed & have filed confirmations with trail of funds- AO did not make further inquiry into the documentary evidences or verify the trail of source of funds-Addition is held to be not justified . [ S.132(4) ,145A, 153A Evidence Act ,S.61 ].

S. 56 : Income from other sources –Foreign company –DCF Method- Receipt of property less than aggregate fair value of the property – S. 56(2)(viia) cannot apply to a foreign company as Rule 11U(b)(ii) (prior to 01.04.2019) which defines “balance sheet‟ was not applicable to a foreign company-If the computation provisions cannot apply, the charging section cannot apply. The amendment to Rule 11U with effect from 1.4.19 is prospective in nature –Rejection of DCF method is held to be not proper. [ S.56(2) (viia), Rule 11UA(b) (ii) ]

S. 264 :Commissioner – Revision of other orders – Revision petition seeking rectification of return accepted by department in respect of which intimation is sent under section 143(1) is maintainable-DTAA- India Spain [ S. 9(1)(i),143(1) , 154 Art .12, 13 ]