S.92C:Transfer pricing- Arm’s length price —Appellate Tribunal- Advertising, marketing and publicity expenses —Remand by the Tribunal for determination of arm’s length price is held to be not warranted. [ S.254(1) ]
S.92C:Transfer pricing- Arm’s length price —Appellate Tribunal- Advertising, marketing and publicity expenses —Remand by the Tribunal for determination of arm’s length price is held to be not warranted. [ S.254(1) ]
S. 92C : Transfer pricing – Arm’s length price – Comparable -Question of fact – No substantial question of law. [ S92CA 260A ]
S. 80IB: Industrial undertakings -Manufacture- Making of poultry feed amounts to manufacture — Commercially different and distinct as a commodity – Entitle to deduction [ S .2(29BA ]
S. 80IA :Industrial undertakings – Infrastructure development- Telecommunications Services —Change in shareholding- Losses which have lapsed cannot be taken into account for purposes of computation of deduction .[ S.72(b) , 79 80IA(4) ,80IA(5) (2) ]
S. 80IA :Industrial undertakings – Infrastructure development – Sewage system-Contract with local bodies for development of infrastructure facility -Entitle to deduction [ S.80IA(4) ]
S. 44BB : Mineral oils – Computation – Non-resident – Royalty and fees for technical services – Matter remanded to the file of Commissioner (Appeals)- Interpretation of taxing statutes — Strict interpretation.- when there are two provisions in an enactment which cannot be reconciled with each other, the doctrine of harmonious construction should be applied and attempt should be to interpret the provisions, if possible, giving effect to both- DTAA -India -Australia [ S.44DA , 115A, Art , 12 ]
S.44AB: Presumptive taxation — Construction Business — Appellate Tribunal remanding the matter-The Assessing officer not following the direction of the Appellate Tribunal – Directed the Assessing Officer to follow the direction- Availability of alternative remedy is not bar to entertaining the writ petition [ S.44AD ,144, 251(1),Art , 226 ]
S. 43A : Rate of exchange – Foreign currency – Business loss- Rate of Exchange of foreign currency – loss on settlement of forward contract – Held to be allowable .
S. 40A(2): Expenses or payments not deductible – Excessive or unreasonable – Discount and rate difference- Deletion is held to be justified .
S.37(1): Business expenditure — Capital or revenue-Expenditure on replacing machinery destroyed by fire — Expenditure on dies and tools — Allowable as revenue expenditure.