S. 12AA : Procedure for registration –Trust or institution- Bogus donation – Merely on the basis of information received from Investigation Wing without supplying the copy to the assessee , cancellation of registration is held to be bad in law . [ S.12A,35(1)(iii) , 80G ]
S. 253 : Appellate Tribunal – Unexplained investments – Remand report- Strictures-Once the AO was satisfied in the remand proceedings and did not oppose not controverted the documents filed by the assessee, he cannot be said to be aggrieved by the Order passed by the CIT(A) considering his own remand report.Merely on account of change of the AO, presumably the incumbent cannot be allowed to file appeals willy nilly. Such rampant careless behaviour shakes the public trust and faith reposed in the authority of the AO to act fairly and impartially . [ S. 69C,251 ]
S. 251 : Appeal – Commissioner (Appeals) – Powers- Fresh claim can be made before the appellate authorities if the assessee demonstrates that he was unable to make such a claim through a revised return. [S. 35D,139(5)]
S. 92C : Transfer pricing – Arms’ length price – DRP directed the TPO to give working capital adjustment using OECD methodology and to apply SBI Prime Lending rate as interest rate and hence the impugned Order passed did not require any interference.
S. 92C : Transfer pricing – Arms’ length price – A company having a calendar year ending, cannot be compared with the assessee having a financial year ending notwithstanding functional similarity between two companies.
S. 80-IC : Special category States– Support services provided to IT companies by the assessee through its own staff is eligible for deduction .
S. 69C : Unexplained expenditure –Bogus purcahses -Estimation of profits embedded in purchases at 12.5% is reasonable when the assessee failed to prove the purchases to be genuine and also failed to produce the selling parties during the course of the assessment proceedings. [ S.133(6),145 ]
S. 68 : Cash credits – Share capital- Identity , genuiness and credit worthiness was probed by filing PAN master data , Return ackowledge ment return etc. Deletion of addition was held to be justified .[ S.133(6) ]
S.40(a)(ia):Amounts not deductible – Deduction at source – Contractor – The matter was restored back to the AO to verify as to whether tax was deposited by the parties or not. [S.194C(6)]
S. 37(1) : Business expenditure – Bogus purcahses -The assessee was doing major works for Govt. Departments and the said Departments also confirmed the authenticity of work and merely because the assessee could not produce the parties, purchases could be held as non-genuine.Disallowance was confiremd of only Rs 5 lakhs . [ S.131 , 145 ]