S. 143(3): Assessment-Service of notice-Change of address-Notices sent to old address provided by assessee in revised return-Department aware of new address while passing order of refund for subsequent assessment year Mistake due to adoption of mode of communication electronically-Assessment order quashed-Matter remanded with direction to pass speaking order within 45 days [S.69, 282, Rule 127]
S. 132(3) : Prohibitory order-valuable article-Liquor bottles are valuable articles within the meaning of section 132. Liquor bottles can be seized-Prohibitory order in respect of liquor bottles-Not valid.[S. 132, 133(1)]
S. 127 : Power to transfer cases-Search and seizure-Registered office of assessee in Coimbatore Seizure of incriminating documents directly linking involvement of assessee into business of lotteries carried out within jurisdiction of Kolkata Circle Transfer notification from Coimbatore to Kolkata-Incriminating material with regard to involvement of assessee in lottery business for evasion of taxes within Kolkata jurisdiction-Principal Commissioner rightly transferred assessee’s case from Coimbatore to Kolkata where sufficient material for assessment existed. [S. 132, Art. 226]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Interest on delayed receivables-Selection of comparables-Exclusion of comparables by Tribunal on ground of functional dissimilarities-Order of Tribunal affirmed. [S.92B, 92CA]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Order of Tribunal affirmed.[S.260A]
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Advertising, marketing and promotion expenditure-Applying the bright line test was sustainable-Pendency of SLP-Liberty given to revive the appeal if the department succeeds in its pending SLP.[S.260A
S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Distributor purchasing goods from associated enterprises and reselling without any value addition-Gross profit is a determinative factor-Resale price method is most appropriate.[S. 144C, 260A]
S. 79 : Carry forward and set off losses-Change in share holdings-Companies which public are not substantially interested-Observations of Assessing Officer considering assessment for earlier year of no effect and not sustainable.[S. 260A]
S. 69C: Unexplained expenditure–reassessment–trader in diamonds-Information from Investigation wing-Bogus purchases-Commission agent –Bhanwarlal Jian-Books of account not rejected-Order of Tribunal estimating at six per cent is affirmed. [S. 132(4), 147, 148, 260A]
S. 56 : Income from other sources-Grants received by statutory corporation from Government for construction of housing for Police Department-Interest on deposit of such grant amounts in banks-Assessable as income from other sources-Interest paid not allowable as deduction. [S. 36(1)(iii)]