S. 115BBE : Tax on specified income-Determination of tax in certain cases-Unexplained income-Rate of tax-Assessee did not maintain proper books of account-Excess stock and receivables on account of unaccounted sales and cash generated on account of unaccounted sales was found in survey-Assessee’s explanation accepted by survey party-Additional income surrendered by assessee not from unexplained source but from business proceeds-Under peculiar facts surrendered income to be taxed at normal rate applicable to business income and not at higher rate of sixty per cent:

S. 115A: Foreign companies-Tax-Dividends-Royalty-Technical services fees-Non-resident-Fees For Technical Services-Special rate of tax-Contract, right or property to be effectively connected-Fees for technical services taxable at special lower rate-The addition made under section 44DA of the Act is deleted.[S.44DA]

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Order of Transfer Pricing Officer-Limitation-Period of sixty days to be counted from day prior to date on which period of limitation for assessment expires-Order barred by imitation by one day-Order non est-Assessee ceases to be eligible assessee-Draft assessment order and assessment order void ab initio.[S. 144C, 153]

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-Avoidance of tax-Survey-Notices issued to assessee calling for evidence and explanation with respect to Transfer Pricing Adjustment Proposed By Transfer Pricing Officer-Failure to furnish details bbefore Assessing Officer-Failure by Assessee to comply with notices issued in spite of several opportunities-Opportunity may be provided to assessee to present its case before Assessing Officer-Assessee to pay cost Rs. 25,000 in each appeal. [S. 92CA (3), 133A, 142(1), 144C]

S. 92CA : Reference to Transfer Pricing Officer-Arm’s Length Price-Payment to associated enterprise for services rendered-TPO cannot question necessity of expenses occurred-Assessee liable to prove that actual services rendered-Assessee failed to prove-no evidence or documentation or agreement between assessee and associated enterprise-No infirmity in the order of TPO-Arm’s length price-Nil.[S.92C]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-AO drawing an adverse inference without providing an opportunity to explain the working of allocation is in violation of principals of natural justice. [S. 144C]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Payment made to non-resident for maintenance of a project under a service agreement-recomputation of Arm’s length price-held, claim by the assessee genuine as no such computation was done for previous years.

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-When assessee was able to prove the difference in price was due to quality of products sold, no transfer pricing adjustment was warranted.[S. 92CA]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Prices of comparable products on their respective invoice/shipment date as considered in customs valuation would yield a more reliable result in absence of any differences arising out of contract terms and product quality.[S.92CA]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Specified domestic transaction-Adhoc addition made by the Transfer Pricing Officer on account of ‘Price Penetration Adjustment’ by the assessee, treating the same as income is without jurisdiction.[S. 92, 92CA]