S. 246A : Appeal – Commissioner (Appeals) –Filed before wrong authority-Appeal for AY 2015-16 was filed before wrong authority i.e. Ayakar Sevakendra [ASK] instead of CIT(A)] – CIT(A) to entertain the appeal filed (on merits) along with stay applications and pass orders on stay – Demand to be kept in abeyance till CIT(A) passed the relevant orders- Matter remanded.

S. 194H : Deduction at source –Commission or discount to distributors – Arrangement between assessee company and the distributor that of principal to principal basis- Amount receivable from distributor was adjusted / reduced and no commission was paid as such – Regarding MRP – restrictions on distributor (price fixed and expenses to be managed by distributor)- not to decide the relationship of principal and agent – Provisions of S.. 194H were not applicable and proceedings under S.. 201 or S.. 201(1A) are misconceived.[ S.201, 201(IA)]

S. 147 : Reassessment – After the expiry of four years – Special audit report subsequent to assessment indicated claims made by the assessee for deduction and expenditures were excessive -Prima facie, no benefit of first proviso to S. 147to assessee –Order disposing objections – Considered to be valid if each objection has been considered and found unacceptable – Reopening sustainable.[ S.142(2A) ,148 ]

S. 147 : Reassessment – After the expiry of four years – Full and true disclosure – Merger of AO’s order with order of CIT(A) – AO having rejected the claim of deduction under S. 80-IA(4)and the CIT(A) allowing the claim in its entirety – AO cannot reopen this very claim for possible disallowance of part thereof

S. 142(2A) : Inquiry before assessment–Special audit–Limitation- Manipulation in dates by Department proved-Notices of SLP against order of High Court dismissing Writ petition against special audit under S.. 142(2A) issued and directions of High Court order stayed.

S. 115JA : Book profit – Adjustment of provision for bad and doubtful debts [under Clause (c) of S. 115JA(1)] is permitted only when such provision is made for an unascertained liability.

S. 115J : Book profit – Explanation (iv) to s. 115J cannot be read or enlarged in the manner so as to allow an impermissible act of reopening of the accounts

S. 92C : Transfer pricing – Arms’ length price – Selection of comparables -Finding of fact by Tribunal that (i) the activities of the assessee and comparables are functionally different(ii) the extraordinary events such as merger/amalgamation would have an impact/effect on the profitability of comparable (iii) merely because both assessee and the comparable provide ITES services they do not become comparable, cannot be interfered, more particularly in the absence of the same being shown to be perverse-No question of law. [S. 260A]

S. 80P : Co-operative societies -Providing credit facilities to members – Interest earned by the society in investing in the banks – Activity of carrying on business in the banking or providing credit facilities to its members is eligible for deduction- Matter remanded to Assessing Officer.[ S. 80P(2)(a)(i)]

S. 80G : Donation -Recognition of institution -Without finding of fact that the funds utilised for private purposes or charitable purposes – declining approval is not justified .[ S.80G(5)(vi)]