S. 132(4) : Search and seizure–Statement on oath -Income from undisclosed sources—Unexplained investments—Excess stock-Addition on Gross profit earned and sales of unaccounted stock- Matter seta side to the AO to examine the reconciliation statement filed before the lower authorities. Further held that Assessee’s profit in earlier year was less than year under consideration meaning thereby his Gross Profit was higher than earlier years therefore, in such circumstances assessee’s contentions could not be denied. [S. 69, 132, 145]

S. 40(a)(ia) : Amounts not deductible – Deduction at source – Contractors – No Express or implied contract between assessee and maistries – No contract between assessee and maistries and payments to labour through maistries does not attract tax deduction at source [ S.194C ]

S. 40(a)(i) : Amounts not deductible-Deduction at source-Testing fee to Kema, Netherlands-Payment made to non-resident-Where knowledge of testing is not made available to assessee, same could not be considered as fee for technical services and assessee is not liable to deduct tax at source. [S. 195 ]

S. 36(1)(iii) : Interest on borrowed capital-Finance charges shall not be deductiblewhere the activity carried out by assessee was as investment activity. [S. 37(1)]

S. 14A : Disallowance of expenditure-Exempt income-If there were funds available both interest-free and over draft and/or loans taken, then a presumption would arise that investments would be out of interest-free fund generated or available with company, if interest-free funds were sufficient to meet investments. [R. 8D]

S. 12AA : Registration–Trust or institution-Procedure for registration of trust-CIT(E) has to examine the objects of the trust and if they are found to be charitable, the assessee deserves to be granted registration The quantum of the genuineness of the activity can be examined only after the trust comes fully into operation.

S. 12AA : Registration–Trust or institution-CIT(E) has to examine the objects of the trust and if they are found to be charitable, the assessee deserves to be granted registration. [S. 12A]

S. 10B : Export oriented undertakings – Newly established hundred per cent export-oriented undertakings-Research and development in pharmaceutical, in the export drug related services. Tribunal set aside the matter to AO to decide the nature of business of the company and also to ascertain the claim under S.10B of the Act. [S. 10A]

S. 12AA : Procedure for registration –Trust or institution- Animal care- Amount spent was less than 10 lakhs towards animal care such as food medical etc- Activities would be included under S.2(15) of the Act, accordingly benefit of S.80G(5) (vi) would also be available – Entitle to registration. [ S.2(15), 11, 13, 80G(5)(vi) ]

S. 12AA : Procedure for registration –Trust or institution- At the time of registration what has to be looked in to is whether the trust is a genuine or it is a sham institution- Registration allowed by the Tribunal is held to be justified [ S.11, 12,80G ]