S. 206C :Collection at source –Toll plaza does not include Tahbazari-Tahbazari does not come within ambit of S.206C(1C) –Order of Tribunal is set aside-Interpretation- Taxing provisions to be construed strictly .

S. 195A : Deduction at source – Net of tax -Deduction of tax at source- Gross amount of fees for technical services – Since obligation to pay tax was on university and assessee in terms of agreement, agreed to pay tax, same had to be necessarily added to income of university and therefore principle of grossing up had to be applied – DTAA-India-UK [ S. 2(24)(iva),9(1)(i), 90,201(1), 201(IA), Art. 13]

S. 194C :Deduction at source – Contractors –Licence fee paid to contractor to contractee and not vice versa –Not liable to deduct tax at source[ S.201 (1)]

S. 153 : Assessment- Limitation -Special audit- Period from date when Assessing Officer directs special audit till last date of furnishing such report under section 142 (2A) shall be excluded and not counted for limitation- Accordingly the draft assessment order is not bared by limitation.[ S.142(2A)]

S. 147 : Reassessment-Unexplained expenditure -Information received from Investigation Wing-Reassessment proceedings initiated on same ground in earlier assessment years had been set aside -There was no tangible material to justify impugned reassessment proceedings- Reassessment proceedings is quashed.[S. 69C, 148]

S. 147 : Reassessment -Unexplained money – Income Declaration Scheme, 2016- Share premium and share capital-Disclosed by Gard Logistics Pvt. Ltd. as undisclosed income- Attempt to assessee the same income as undisclosed income of the assessee would amount to double taxation – Reassessment is bad in law .[ S.69A,143(1), 148 ]

S. 147 : Reassessment –Unabsorbed depreciation -Transient year where carry forward of earlier year had been brought forward to that year and again carried forward to next year for set off in appropriate assessment year -Reassessment is held to be bad in law .[ S.32(2), 143(3), 148 ]

S. 147 : Reassessment-After the expiry of four years-Power of reassessment is not one of review and the reasons recorded has to emanate from some material coming to notice of Assessing Officer after original assessment – Reassessment is held to be bad in law.[S. 80IA, 148]

S. 145 : Method of accounting –Banking company-Stock in trade-Securities held on basis of ‘Held to Maturity’ (HTM) were to be regarded as stock-in-trade and, thus, same had to be valued at cost or market value whichever was less.

S.142(2A): Inquiry before assessment–Special audit–Principal Commissioner, before deciding issue of approval for Special Audit gave opportunity to assessee- Writ is dismissed.[ Art .226 ]