S. 92C : Transfer pricing – Arm’s length price – The OECD guidelines recognise that barring exceptional cases, the tax administration should not disregard the actual transaction or substitute other transactions for them- The examination of a controlled transaction should ordinarily be based on the transaction as it has been actually undertaken and structured by the associated enterprises- adoption of TNMM as the Most Appropriate Method of arriving at ALP cannot be termed as perverse or contrary to the evidence on record.- Difference of opinion as to the appropriateness of one or the other method cannot be gone into in an appeal [ S.92CA ,260A ]

S. 276CC : Offences and prosecutions – Failure to furnish return of income – Finding that delay was not willful – Conviction is held to be not valid . [ S.132 , 153A ]

S. 276C : Offences and prosecutions – Wilful attempt to evade tax –
Compounding of offences —Compounding fees to be computed on basis of tax evaded and not income sought to be evaded [ S. 132 , 271 , 276(1) 278 278B ]

S.276C: Offences and prosecutions – Wilful attempt to evade tax False statement in verification — Abetment of false return — Limitation —Limitation inapplicable to prosecution for certain Economic Offences — Prosecution of Members of Parliament and Legislative Assemblies – — Transfer of case for Trial to Designated Court — No prejudice caused to assesses- Prosecution based on materials recovered in search and not launched based only on statements of third parties — Prosecution valid – Prosecution not barred by limitation [S. 132, 148, 277, 278, 280A 280B Economic Offences (Inapplicability Of Limitation) Act, 1974 , Code Of Criminal Procedure, 1973, S.6(1), 26 ,200 397 ]

S. 271B :Penalty- Failure to get accounts audited – Audit conducted under provisions of Co-Operative Societies Act — No Report by Accountant — Levy of penalty justified . [ S.44AB, 273B ]

S. 271(1)(c) : Penalty – Concealment- Survey – Before due date of filing of return- Amount disclosed in the return- Return accepted without additions- Levy of penalty is held to be not valid [ S.132, 133A ,139(1) ]

S. 271(1)(c) : Penalty – Concealment -Capital or revenue- Claim for deduction disallowed – Penalty cannot be levied .

S. 260A : Appeal – High Court – Delay of 3345 days – Abetment of appeal due to death of the assesse – Delay was not explained – Application for condonation of delay was rejected and appeal was dismissed as abated [ S.220(2A) ]

S.260A: Appeal to High Court -Rule of consistency — Taxability of profits of overseas branches of assessee — Earlier year order of Appellate Tribunal was accepted- Precluded from raising point for later year – Appellate Tribunal – Powers – Subsidy – Capital or revenue – New issues can be raised first time before the Appellate Tribunal on the basis of material already on the record .[ S. 4, 254(1)

S.254(1) : Appellate Tribunal- Duties- Tribunal bound to give reasons for reversing findings rendered by lower authorities — Deletion of addition is held to be not justified .[ S.132(4) , 158BA, 158BC]