S. 254(1) : Appellate Tribunal–Duties–Failure of Appellate Tribunal to consider the question of jurisdiction is miscarriage of justice–Tribunal is required to reassess material and thereafter come to a logical conclusion- Order of Tribunal is set aside. [S. 147]

S. 194H : Deduction at source–Commission or brokerage–Bank guarantee commission is not in the nature of commission paid to agent, it is bank charges for providing one of banking services – Not liable to deduct tax at source.

S. 142(2A) : Inquiry before assessment–Special audit–Method of accounting—Difficulty in allocating expenses-No allegation of mala fides—Order directing Special Audit is justified. [S. 80 IC, 145]

S. 139 : Return of income -Extension of due date- flood at State of Kerala -General direction for extending due date for filing returns would be contrary to scheme of Act- Specific grievances of assessees in individual cases could be dealt with by CBDT on receipt of the application-Court also directed the CBDT to consider holding a camp sitting in Kerala for the purposes of considering the applications of the assesses. [S. 119(2)(a)(b)], [139A]

S. 124 : Jurisdiction of Assessing Officer-Place of filing of e- returns- Registered office at Mumbai–Branch office at Indore–e- returns from inspection filed at Indore–Notice issued u/s. 143(2) by the Indore Assessing Officer is held to be valid-Rejection of application by Chief Commissioner is held to be justified. [S. 143(2)]

S. 92CA : Reference to transfer pricing officer-Jurisdiction of TPO- Whether can examine any transaction which come to his notice during course of proceedings though not referred to him by the AO- Passing ad-interim relief, the AO is prevented from passing any further orders till issue raised is decided by the Court. [S. 92C]

S. 92C : Transfer pricing–Arm’s length price-Corporate guarantee- Arm’s length price of corporate guarantee cannot be determined on the basis of bank guarantee- Adjustment of 3% of the amount of guarantee given by the assessee is held to be not justified.

S. 69C : Unexplained expenditure–Survey-Confessional statement of assessee’s brother who is an employee of the assessee–Gross profit shown was much lesser than profit in said line of business- Unaccounted receipts–Addition of sales instead of net profit thereon – Failure to provide stock register-Addition is held to be justified. [S. 133A]

S. 69A : Unexplained money–On money-Loose documents–There was no reliable or independent evidence to come to the conclusion that the assessee had accepted on-money in the sale of the constructed properties–Deletion of addition by the Tribunal is up held.

S. 37(1) : Business expenditure-Deputation and other cost-Hotel management and marketing fees-Reasonable and necessary to run business- Held to be allowable.