S.56: Income from other sources- Share premium- Addition cannot be made in respect of share premium received by assessee from its holding companies as said share premium was on account of capital transaction and was not an income within charging sections of Act . S 56(2)(viib) read with section 2(24)(xvi) are not made applicable to shares issued to non-residents mainly to encourage foreign investments. [ S.2(24)(xvi), 56(1) ,56 (2)(viib), 68, Companies Act, 2013 ,S,52, Companies Act, 1956 S.78 ]

S. 56 : Income from other sources –Fair market value of shares- Direct Cash Flow Method (DCF) -No evidence was produced for verifying the correctness of data supplied by the assessee .AO was justified in rejecting DCF method and adopting Net Asset value method . [ R.11UA ]

S.37(1):Business expenditure- Settlement charges paid to SEBI without admitting or denying guilt and was paid just to settle dispute, said settlement charges/consent fee could not be equated with penalty for violation of law under Explanation 1 to S. 37(1) of the Act and is allowable as business expenditure . [Securities and Exchange Board of India Act, 1992 , S.11, 1B and of SEBI (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 R.11 ]

S. 35 :Scientific research – When recognition to facility given by prescribed authority is maintained, the deduction to be allowed -Non-receipt of Form No. 3CM is a procedural lapse and is not fatal for denial of claim of deduction [ S.35(2AB]

S. 273A : Penalty – Commissioner – Power to reduce or waive -Suspicious Long term capital gains- Levy of penalty is held to be justified. Failure to produce any evidence / document to show that it was called genuine hardship financially or in any manner was not furnished – Rejection of waiver application was held to be justified [ S.10(38), 45 , 271(1)(c)]

S. 194C : Deduction at source – Contractors – Outsourced non-technical work such as collection of data to various contractors, said work being in nature of ‘works contract’ and cannot be considered as technical services – Justified in deducting tax at source under S.194C.[ S.194J ]

S. 161 : Liability of representative assessee -Income from house property- Shares of beneficiaries are definite – Trust cannot be assessed separately at maximum rate- Tax on the share of each beneficiary will have to be separately calculated as if it formed a part of the beneficiary’ s income. Tax payable by the Trust will be the sum total of the tax calculated on the share of each beneficiary . [ S.22, 26 , 164 ]

S.148: Reassessment-Notice -Issue of notice at old address after expiry of period of limitation ,in spite of change in the official record by updating PAN data base- Reassessment is held to be bad in law [ S.147 ,292BB ]

S.115JB: Book profit- Depreciation charged at 80% – Restricting the claim of depreciation on windmills to 5.28 per cent as per Schedule XIV of Companies Act, 1956 is held to be justified [ S.32 ]

S.56: Income from other sources -Gift- Provisions of section 56(2)(vii)(b) are applicable to only those transactions which are entered into after 1-10-2009 [ S.56(2)(vii)(b) ]