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. 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) ]
S. 68 : Cash credits -Tax savings investment – Matter remanded to thee Assessing officer [ S.80C ]
S.54F : Capital gains- Investment in a residential house -amount deposited in capital gains accounts scheme before filing of return under section 139(4) – Entitled to exemption.[ S.45 , 139(4) ]
S.43B: Deductions on actual payment – Employees’ State insurance -Evidence not produced – Disallowance justified .
S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Gold purchase – Making cash payments in different dates – Inserting some entries – Complete bills and vouchers not produced – Disallowance is held to be justified . [ R.6DD(J) , 6DD(k) ]
S. 40(a)(ia): Amounts not deductible – Deduction at source – Exhibitor of film – Payment to distributor on revenue shared basis – Neither Contractual payment nor rent – Not liable to deduct tax at source [S.194C(1) , 201 (1) ]
S. 32 : Depreciation – Actual cost -Trade Mark — Revaluation — Depreciation to be claimed on cost incurred and not on revaluation figure —Total amount of depreciation cannot exceed depreciation to which assessee would be entitled if succession had not taken place [ S.43(1), Explanation 3, 47(xiii) ]