S. 132 : Search and seizure-Warrant of Authorisation-Search proceedings against company-Application of mind-Warrant of Authorisation is held to be valid. [Art. 226]
S. 132 : Search and seizure-Warrant of Authorisation-Search proceedings against company-Application of mind-Warrant of Authorisation is held to be valid. [Art. 226]
S. 115JB : Book profit-Amount disallowed u/s. 14A cannot be included. [S. 14A]
S. 92C : Transfer pricing-Arm’s length price-Captive service provider-Depreciation-Transfer pricing officer to exclude depreciation from cost and Comparables. [S. 32, R 10B(1)(e)]
S. 80IB(10) : Housing projects-Owner of land outsourcing the construction work-Entitled to deduction.
S. 45 : Capital gains Buy-back of shares by Indian subsidiary from German holding company-Liable to tax-Final liability would be lesser of that under normal provisions and under section 115JB-Subsidiary liable to deduct tax at source on payment on buy-back. [S. 46A, 47(iv), 47A, 49,115JB, 195]
S. 45 : Capital gains-Transaction of sale of shares not liable to tax-Motive of tax avoidance not relevant so long as act within the frame work of law-Transaction not with intent to avid tax-DTAA-India-Mauritius. [S. 245R(2), Art. 13(4)]
S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transport charges-Amendment inserted by the Finance Act, 2010 is applicable to earlier years-No disallowance can be made. [S. 139(1)]
S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission paid outside India for obtaining orders outside India-Not liable to deduct tax at source. [S. 5(2)(b), 9(1)(i)]
S. 32 : Depreciation-Property acquired in exchange of extinguishment of tenancy rights-Depreciation allowable-Non-Compete fee-Depreciation allowable on principle of consistency.
S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-Amalgamation-Excess of net consideration over value of companies taken over-Not assessable as income. [S. 4]