S. 92C : Transfer pricing-Arm’s length price-Corporate guarantee-Adjustment made without giving reasons is unsustainable-Order of Tribunal affirmed.[S. 260A]
S. 92C : Transfer pricing-Arm’s length price-Corporate guarantee-Adjustment made without giving reasons is unsustainable-Order of Tribunal affirmed.[S. 260A]
S. 80IB(10) : Housing projects-Belated return of income-Where High Court, in separate proceedings, condoned assessee’s delay in filing return, denial of deduction solely on ground of such delay became untenable; assessment order quashed and matter remanded to AO. [S. 119(2)(b), 139, 254(2), Art. 226]
S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Captive power plant-Valuation of electricity transferred to another unit of assessee to be at rate charged by distribution companies to consumers-Order of Tribunal affirmed. [S. 80A(6), 260A]
S. 80HHC: Export business-Computation of deduction-Turn over-Scrap sale-For purpose of section 80HHC, proceeds of sale of scrap would not form part of total turnover.[S.260A]
S. 69C : Unexplained expenditure-Bogus purchases-Information from Sales Tax Department-Corresponding sales not disputed-Non‑production of suppliers does not justify disallowance of entire purchase amount; only profit element is to be added-Estimate of profit at 12.5% of purchases was affirmed.[S. 148, 260A]
S. 69C : Unexplained expenditure-Unexplained investments-Bogus purchases-Sales not disputed –Estimate at 12.5%-Only profit element embedded in such purchases is taxable, not the entire amount. [S. 69, 147, 148, 260A]
S. 69C: Unexplained expenditure-Search and seizure-Notings in diary and loose papers-Assessee’s failure to explain source of funds and nexus of expenditure with developer’s transactions-Concurrent findings of lower authorities upheld.[S.132, 260A]
S. 69B : Amounts of investments not fully disclosed in books of account –Undisclosed investment in shares-Alleged stock mismatch-Order of Tribunal deleting the disallowance affirmed. [S. 260A]
S. 68: Cash credits-Foreign Currency Convertible Bonds (FCCB)-Onus of proof-Assessee’s duty is to prove identity of immediate subscriber, not ultimate bondholders source of source-Order of Tribunal deleting the addition is affirmed. [S.260A]
S. 68 : Cash credits –Received through banking channel-Repaid in subsequent year-Failure to charge interest-Order of Tribunal deleting the addition is affirmed.[S. 260A]