S. 119 : Central Board of Direct Taxes-Charitable Trust-Delay in filing Form No 10B-Delay of 1257 days-Oversights by the Chartered Accountant-Human error lacking any malafide intention-Delay was not intentional or deliberate-Assessee could not be prejudiced on account of an ignorance or error committed by professional engaged by it-High Court condoned the delay and CIT(E) is directed to procced with the return in accordance with law-SLP delayed by 323 days-Delay was condoned-Order of High Court affirmed. [S. 11, 119(2) Form No 10B, Art,136]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Exclusion or inclusion of RS Software would have no bearing-Issue of excluding RS Software as comparable would be academic.[S. 260A]

S. 86: Share of member of an association of persons-Syndicates engaged in liquor business-Income of AOP assessable only in hands of AOP, not in hands of member-Inadmissible expenses of AOP cannot be added in hands of member. [S. 2(31), 67A, 153A, 260A]

S. 80-ID : Hotels and convention centres in specified area-Existing hotel taken on lease and later purchased-Only nominal additions to fixed assets-Business continued under new name-Assessee failed to prove setting up of a new eligible hotel-Denial of deduction affirmed. [S. 260A]

S. 80-ID : Hotels and convention centres in specified area-Existing hotel taken on lease and later purchased-Only nominal additions to fixed assets-Business continued under new name-Assessee failed to prove setting up of a new eligible hotel-Denial of deduction affirmed by High Court-SLP dismissed. [Art. 136]

S. 80HHC : Export business-Total turnover-Excise duty, custom duty, windmill power receipts-Not part of turnover. [S.260A]

S. 80G : Donation-Registration under section 12AA granted and subsisting-Entitled to approval for purposes of section 80G(5)(vi) [S. 12AA, 80G(5)(vi)]

S. 80G : Donation-Registration under section 12AA granted and subsisting-Entitled to approval for purposes of section 80G(5)(vi) of the Act-SLP of revenue dismissed. [S. 12AA, 80G(5))vi), Art. 136]

S. 69C : Unexplained expenditure-Bogus purchases-Accommodation entries from Bhanwarlal Jain Group-Addition restricted to 6 per cent of bogus purchases is fair and reasonable. [S. 147, 148, 260A]

S. 68 : Cash credits-Share capital received from three companies-Mere proof of identity of investors insufficient-Assessee must establish creditworthiness and genuineness-Tribunal ignored AO’s findings-Addition restored by High court [S. 260A]