S. 143(3) : Assessment-Powers-Tribunal remanding matter to Assessing Officer to consider whether certain receipts constitute fees for technical services-Assessing Officer treating receipts as royalty-Beyond scope of remand-Reimbursement of expenses for use of software-Not fees for technical service-DTAA-India-USA [S. S. 9(1)(vi), 9(1)(vii), art. 13(4)]

S. 143(1) : Assessment-Intimation-Employees contribution to Provident fund and Employees’ State Insurance-Matter restored to Assessing Officer for verification-If Employees contribution had been remitted within due date from end of month in which salary disbursed entitled to relief. [S.143(1)(iv)]

S. 139 : Return of income-Foreign tax credit-Assessment-Benefit of tax paid in Kazakhstan is directed to be allowed.[S.139(4) 143993) Rule, 128(9), Form No 67]

S. 133A : Power of survey-Surrender of income-Unexplained money-Unexplained expenditure-Excess stocks-Excess stock chargeable to tax as business Income-Deduction of partners’ remuneration allowable against income surrendered.[S. 40(b), 69A,69C.]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Employees’ Stock Option Plan Expenses-Purpose of granting employees restricted stock units to retain and motivate them to continue employment with assessee-Arm’s length price of employees stock option plan expenses could not be taken as nil-Arm’s length price and transfer pricing adjustment, if any, to be recomputed following method adopted by assessee.

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Back-Office services-Comparables-Companies functionally different from assessee being routine back-office service provider is to be excluded-Company earning profit in any one of three years can be treated as comparable-Matter remanded for verification of financial statements-Transfer Pricing Officer is bound to follow directions in letter and spirit-Deferred receivables-Interest rate in terms of Libor Plus a mark-up of two hundred basis points to be considered.[S.92CA]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Calculation of margins-Allocation of employee cost-Not proper-Selection of comparables-Turnover filter-Companies failing turnover filter up to Rs. 200 Crores to be excluded–Working capital adjustment mandatory requirement if assessee is able to provide reasonable and accurate data of comparable companies-Interest on delayed receivables to be benchmarked separately-Directed for adjustment afresh after applying six months’ Libor plus 300 basis points with mark-up of 100 basis points. [S.92CA]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Reimbursing of expenses-No element of profit-Ad hoc adjustment recommended at 10 Per Cent. of expenses is not permissible-Late deposits of employees’ contribution to provident fund and employees’ State Insurance Corporation is not allowable. [S. 37(1), R.10B]

S. 80IB : Industrial undertakings-Search and seizure-Manufacturing expenses-Bogus purchases-Statement retracted Customs, Excise and Service Tax Appellate Tribunal holding that the assesses engaged in genuine purchases and manufacturing activities-Entitled to deduction.[S.153A]

S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Developer and contractor-Work of irrigation project and construction and development of road-Not works contractor but developer undertaking projects of Infrastructure Facility-Organisations awarding contracts were 100 Per Cent. owned by State Government-Entitle to deduction-Interest income-Only net interest income to be excluded.[S.80-IA(4A), 80IA(13)]