S. 263 : Commissioner-Revision of orders prejudicial to revenue-Under-invoicing-Justice Shah Commission report-Notice based on reports of Serious Fraud Investigation Office (SFIO)-Assessment was completed without proper inquiries-Revision is held to be justified, it was competent for Commissioner to invoke revisional jurisdiction and direct fresh assessment.
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Scientific research-100 per cent EOUs-Expenditure on R&D claimed under section 35(2AB) had no connection whatsoever with 100 per cent EOUs-Revision is held to be not valid. [S. 10B, 35(2AB]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business income or capital gains-Revision is held to be not justified. [S. 28(i), 45]
S. 254(1) : Appellate Tribunal-Duties-Transfer pricing-Arm’s length price-Method for determination of Berry ratio-Tribunal had not given its own reasons for upholding said order of TPO, its order was to be set aside and matter was to be remanded. [S. 92C]
S. 254(1) : Appellate Tribunal-Powers-Reassessment order was quashed on grounds being without jurisdiction-Tribunal has no jurisdiction to adjudicate on merits and remanding the same to the Assessing Officer. [S. 35, 148, 260A]
S. 245R : Advance rulings-Dividend to non-resident shareholders Dividend Distribution Tax (DDT)-DTAA-India-Netherlands. [S. 115-0, 245R (2)]
S. 245R : Advance rulings-Whether service charges received by assessee towards provision of GDC HQ related services was liable to be taxed as fee for technical services-Application admitted-DTAA-India-UK. [S. 9(1)(i), 245R(2), Art. 13]
S. 245R : Advance rulings-Business Income-Off shore supply-No pending proceedings-Amounts received/receivable by applicant from ‘DLTPL’ are liable to tax in India-Application admitted. [S. 9(1)(i), 245R(2)]
S. 245R : Advance rulings-Capital gains-Merger-Application was allowed to be withdrawn.
S. 245R : Advance rulings-Withholding tax on dividend payable to mon-resident shareholder-Application admitted-DTAA-India-Netherland. [S. 195, 245R(2), Art. 10]