S. 260A : Appeal-High Court–Delay of 362 days-Difference of opinion between two officers–Appeal was filed on the basis of legal opinion-Delay was condoned and remanded the matter to High Court to decide on merits- Cost of Rs. 1 lakh is awarded on department which is to be paid to the assessee.

S. 254(2) : Appellate Tribunal-Rectification of mistake apparent from the record-Transfer of income without transfer of asset—Finding that arrangement was with intention to avoid incidence of tax in hands of owner Assessee–Income was taxed in hands of owner— No Infirmity In Order of Tribunal. [S. 22, 60]

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]