S. 92CA : Transfer pricing Reference to Transfer Pricing Officer – Arm’s Length price-Avoidance of tax – TPO’s order is binding on the AO-AO, without affording an opportunity of hearing to the assessee, proceeded to add an amount to the total income of the assessee, which addition was neither determined nor directed by the TPO, as the ALP of the international transaction related to the demerger of the business-Order is set aside.[S.92CA(4), Art. 226]
S. 92C : Transfer pricing – Arm’s length price-Avoidance of tax-International transaction-Most appropriate method-TNMM-CUP Method-Export of rice-Order of Tribunal accepting the method adopted by the appellant is affirmed – No substantial question of law. [S. 260A]
S. 71 : Set off of loss-One head against income from another-Constitutional validity of sub-S. (3A) of S. 71 inserted by Finance Act, 2017-Income from house property from any other head of income at Rs. 2 lakh – Not violative of Art. 14 and 19(1(g) of the Constitution of India. [S.22, 23, 71(3A) Art. 14, 19(1)(g), 226]
S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits-Payment to supervisors-Disbursement to workers-Payment made by the supervisors had not exceeded Rs. 20,000 to any individual labour-Disallowance is directed to be deleted.[S. 260A, R. 66DD(i), Indian Contract Act, S. 182, 185, 186, 188, 211]
S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Deposit of tax deducted at source before initiation of prosecution proceedings along with interest-No penalty proceeding is initiated-Criminal proceedings are quashed. [S. 278B]
S. 264: Commissioner-Revision of other orders-Assessment order passed by Dy. CIT, CPC-CPC only acts as a facilitator to the JAO and merely because the return is processed by CPC the regular jurisdiction of the JAO is not curtailed and he continues to hold the jurisdiction-Order dt. 25th March, 2022 is quashed and set aside-Principal CIT-5 is directed to dispose assessee’s application in accordance with law. [S. 120, 143(1), 143(2), Art. 226]
S. 260A : Appeal-High Court-Delay of 224 days-No valid explanation was mentioned in the application-Appeal is dismissed. [S. 254(1)]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Tribunal is not an authority-Tribunal failed to appreciate the spirit in which the order dt. 23rd Aug., 2022 was passed by the High Court-Delay is condoned-Assessment order is quashed and directed the Assessing Officer to pass the order in accordance with law. [S.80IB(10),119(2)(b), Art. 226]
S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 115 days in preferring appeal-Appeal was dismissed-Writ was dismissed. [S. 246A, 249(3), Art.226]
S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-Delay of 115 days in preferring appeal-Appeal was dismissed-Writ was dismissed by single judge bench-On appeal the delay was condoned and CIT(A) is directed to decide on merits.[S. 246A, 249(3), Art.226]