S. 56 : Income from other sources-Allotment of shares at a premium-DCF method-Valuation report of Chartered Accountant-Addition deleted by the CIT(A) is affirmed. [56(2)(viib), R.11U, 11UA]

S. 56 : Income from other sources-Share premium-DCF-Net assessed liability method-Assessing Officer cannot change the method of accounting. [56(2)(viib), R.11UA]

S. 56 : Income from other sources-Buy back of own shares-Provision of section 56(2)(x) and consequentially rule 11UA would be inapplicable.[S. 56(2)(x), R. 11UA]

S. 56 : Income from other sources-Interest on enhanced compensation-Seven beneficiaries-Matter is remanded back to Assessing Officer to compute only 1/7th portion of total interest income and TDS credit thereon in hands of assessee. [S. 23, 57]

S. 54F : Capital gains-Investment in a residential house-Sale of inherited property-Agreement for purchase-Failure to construct-Pendency of litigation-Assessee can not be compelled to treat unutilized portion of funds kept under Capital gains account Scheme as taxable. [S. 45]

S. 50B : Capital gains-Slump sale-long-term capital loss-audit report-Copy of Form No. 3CEA during assessment proceedings-Denial of exemption is not valid. [S. 139(1), R.6H, Form No 3CEA]

S. 47(xiii) : Capital gains Transaction not regarded as transfer-Capital gains-Conversion of firm in to company-Non-resident company (Umicore) purchased 99.96 per cent shares of said converted Indian company-AAR ruled that no capital gain accrued or arose at time of conversion of partnership firm into private company and High Court affirmed view point of AAR-No liability was attracted towards capital gain, whether short-term or long-term. [S. 2(47) , 47,47(xiii)(d)]

S. 45(3) : Capital gains-Transfer of capital asset to firm-Transfer of land to partnership firm by way of capital contribution-Consideration to be taken as per section 45(3) and not as per section 50C of the Act-Cost of land-Interest paid-Additional evidence-Matter remanded-Compensation paid to a waiving of its absolute right-Added to cost of improvement. [S. 45, 48, 50C]

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Loan-Never claimed as trading liability-Interest was claimed-Only interest can be added.

S. 40A(2) : Expenses or payments not deductible-Excessive or unreasonable-Paid interest at rate of 18 per cent-Disallowed interest paid in excess of 12 percent-Disallowance is deleted. [S. 40A(2)(a), 40A(2)(b) , 40 (b)(iv)]