S. 92C : Transfer pricing-Arm’s length price-Comparable-Computer software developer-RPT of comparable company-Knowledge Process Outsourcing (KPO)-Engineering and consulting services-Manufacturing of software-Functional similarity-working capital adjustment-Matter remanded.

S. 92C : Transfer pricing-Arm’s length price-Fully Compulsorily Convertible Debentures (FCCDs)-Interest adjustment-Interest should be market determined interest rate applicable to currency in which loan has to be repaid i.e. SBI Prime Lending Rate and not LIBOR based interest rate.

S. 80IB: Industrial undertakings-Real estate developer-Sale of opening stock-Estimate of profit to reduce the claim is held to be not justified-Revenue could not use concept of reasonable profit which is subject matter of section 80IA, for purpose of section 80-IB, as object of sections 80IA and 8IB are different. [S. 80IA]

S. 80G : Donation-Hospital and school-Denial of approval is held to be not valid-Remanded to pass a speaking order-Amendment in section 80G is effective from 1-10-2009; thus, approval granted on or after 1-10-2009 would be governed by amended law. [S. 12AA, R. 11AA]

S. 72 : Carry forward and set off of business losses-legitimate claim of set-off of unabsorbed losses cannot be rejected even when assessee omits to claim same in return.[S. 10A, 72(1)(1), 154]

S. 68 : Cash credits-Agriculturist-Cash deposited-Sale deed-Matter remanded-Tax authorities should not take an easy route and place an impossible burden upon assessee-Duty of tax authorities to assist tax compliance which means giving correct advice and following best practices and to attempt collecting tax on basis of ignorance of citizen is not expected from a tax administration. [S.119]

S. 54F : Capital gains-Investment in a residential house-One house-Property was acquired for Metro Rail Project compensation paid within a period of one year-Purchase of two different houses-Not entitle to exemption. [S. 45, 54, 54F(1)(ii)]

S. 54 : Capital gains-Profit on sale of property used for residence-Construction of house within period of three years from the transfer of original asset-Non availability of occupation certificate cannot be the ground to deny the exemption. [S. 45]

S. 45 : Capital gains-Transfer-Sale agreement registered on 26-8-2011 and possession was also handed over on the said date-Capital gains assessable in assessment year 2012-13. [S. 2(47), 54F]

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transportation charges-Hiring cabs from cab owners-Liable to deduct tax at source-Payment made to petrol pumps not liable to deduct tax at source. [S. 194C]