S. 12A : Registration –Trust or institution- Registration of a trust does not involve enquiry into actual activities or application of funds, etc. and at that stage only enquiry required to be conducted is with respect to object of trust alone .[ S.2(15). 11 12AA]
S. 10(10C) : Public sector companies – Voluntary retirement scheme – Employee of bank having opted for voluntary retirement under Voluntary Retirement Scheme was eligible for exemption.
S. 4 : Charge of income-tax –Capital or revenue- Subsidy- Technology upgradation of existing units as well as to set up new units with latest technology to enhance their viability and competitiveness in domestic and international markets- Capital receipts [ S.28(i)]
S. 4 : Charge of income-tax –Capital or revenue -Interest from mobilization advances made by it to contractor for purpose of facilitating smooth commencement and completion of work of construction- Receipts being intrinsically connected with construction business of assessee would be capital receipt and not income of assessee from any independent source [ S.56]
S. 2(22)( e ) : Deemed dividend- Buy-back in excess of fair market price of shares –Direction of Tribunal to make an enquiry in to fair value of shares, which could have implication of deemed dividend –Direction is held to be valid.[ S.115QA, 254(1) ]
S. 92C : Transfer pricing – Arm’s length price -Alternative remedy- Provision for an appeal approaching DRP against the order of TPO- Writ is not maintainable [ Art. 226 ]
S. 147 : Reassessment —Cash credits – No specific direction -Failure to file return- Finding of the CIT(A) in assessment year, 2012 – 13 stating that the amount assessable in the years 2009 – 10 and 2010 – 2011 – Reassessment was held to be valid [ S. 68, 148 ]
S.271D: Penalty – Takes or accepts any loan or deposit- Acceptance of Loan in cash in excess of specified limits- Deletion of penalty based on entries alone- Matter remanded to Tribunal for fresh consideration. [ S.158BC, 269SS ]
S. 260A:Appeal –High Court- Transfer pricing – Determination of arm’s length price is question of fact- High Court Will not interfere unless finding is perverse [ S.92C. ]
S. 245D : Settlement Commission – No power to waive tax or interest which are statutorily payable —Settlement Commission is vested with power to rectify mistake —Interest is payable up to date of o0rder of Settlement Commission.[ S. 154, 234A,234B, 245D(4), 245F(1) ]