S. 195 :Deduction at source – Non-resident – Taxability in India — Payment to international celebrity appearance at Dubai – Target audience in India, potential customers in India, intended benefits in India — Business connection – Liable to deduct tax at source-DTAA -India -USA [ S. 5(2), 9(1) (i), 115BBA,201 Art.12, 23(3) ]
S. 153A : Assessment – Search-Assessment of third person — Sale Of Property — Commission —Addition made without examining the buyer of property is held to be bad in law . [ S.292C ]
S. 144 : Best judgment assessment – Low gross profit rate –Ad-hoc addition – No defects in stock statement – Rejection of books of account is held to be not valid [ S.145(3) ]
S. 143(3) : Assessment -Estimation of income —Milk Supplier earning Commission —Real income theory – Profit is directed to be estimated at seven Per Cent.[ S.144, 145 ]
S. 143(3) : Assessment – Bogus purchases – Purchase and sales matching figures certified by sales tax department and value added tax Return – No addition could be made on basis of earlier tentative figure shown as per sales tax department – Contribution to provident fund – Matter remanded . [ S. 37(1) ]
S. 143(2) : Assessment – Notice issued beyond period of limitation is held to be not valid .[ S.292BB ]
S. 92C : Transfer pricing – Arm’s length price — Outstanding sum of invoices akin to loan advanced- Credit of tax deduction at source – Matter remanded .[ S.92B(2) ]
S. 90 :Double taxation relief –Non resident – Salary and allowances earned in respect of employment rendered in Austria – Entitle to exemption – Non-production of tax residency certificate cannot be a Reason not to grant benefit of DTAA – DTAA- India – Australia [ S.5(2) , 90(4), Art. 15(1) ]
S. 80IB(10) : Housing projects- Interest on bank deposits – Transfer fee and interest received for delay in payment against flat – Eligible deduction – Net interest can be disallowed .
S. 80IB: Industrial undertakings – Disallowance of expenses Deduction to be computed taking into account income enhanced. [ S. 37, 80IB(8A) ]