S. 47(vii) : Capital gains-Business income-Income from other sources -Transfer by a share holder in a scheme of amalgamation- Increse in general reserve on transaction related to the composite Scheme of Arrangement and Amalgamation-An anti-abuse provisions which applies only to cases of bogus capital building and money laundering- It does not apply to an amalgamation where shares are allotted at alleged undervaluation-.Increase in general reserves due to recording of assets of amalgamating company at FMV not give rise to any real income to the assessee-It is capital in nature- Amendment to s. 47(vii) by FA 2012 w.e.f 1-4 -2003 is clarificatory and retrospective- Addition is held to be not valid. [S. 28(iv); 56(2)(viia)]

S. 45 : Capital gains-Penny Stocks-Capital gains cannot be treated as bogus solely on the basis that the price of the shares has risen manifold and the reason for astronomical rise is not related to any fundamentals of market-If the transactions are duly proved by trading from stock exchange and the documentation is proper, the gains cannot be assessed as unexplained credit or as unexplained money. [S. 10 (38), 68, 69]

S. 37(1) : Business expenditure-Expenditure incurred for any purpose which is an offence or which is prohibited by law- Custom redemption fine is held to be not allowable as deduction, in view of explanation I to S.37(1) of the Act. [S. 69C]

S. 36(1)(iii) : Interest on borrowed capital-Investment in sister concern- Sufficient interest free loans–Deletion of addition is held to be justified.

S. 23 : Income from house property–Annual letting value–Stock in trade-The annual letting value (ALV) of unsold units of properties lying as stock in trade is not assessable as income under the head income from house property. [S. 5, 22, 23(4)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue -Transfer pricing officer-Transfer pricing risk parameter, fell under para 3.2 of circular dated 10-3-2016 which required reference to TPO by Assessing Officer mandatorily – Revision is held to be justified. [S. 92CA]

S. 153A : Assessment–Search-Assessment was completed on the basis of return filed-No incriminating material being found during subsequent search, there could not be any assessment under section 153A/153C. [S. 143(3), 153C]

S. 80IC : Special category States-Profit on each undertaking has to be treated separately-Profits and losses of all eligible undertakings are not to be netted for purpose of calculating deduction – Each undertaking are to be taken on a stand-alone basis -Where the assessee availed deduction for a period of 5 years at rate of 100 per cent on substantial expansion , deduction for remaining 5 assessment years will be at rate of 30 per cent and not at rate of 100 per cent. [S. 80IC (2), 80IC(5), 80IC(7)]

S. 69C : Unexplained expenditure-Bogus purchases-Business of manufacturing and trading of tea machineries-PAN cards were furnished -Payments were made by account payee cheques -TDS was deducted – Parties were produced for examination -Addition cannot be made as unexplained expenditure.

S. 68 : Cash credits–Bank Account-Agricultural income-Bank statement is not considered as books of account and, therefore, any sum found credited in bank pass book cannot be treated as an unexplained cash credit-Matter remanded.