S. 92C : Transfer pricing -Arm’s length price -Support services -Cost plus model -Commission based model- Comparable –Question of fact. [Art. 136, 226]
S. 92C : Transfer pricing -Arm’s length price -Support services -Cost plus model -Commission based model- Comparable –Question of fact. [Art. 136, 226]
S. 92C : Transfer pricing -Arm’s length price – Reasoned order based on cogent reasons-Order of High Court affirmed -Question of law left open. [S. 136, 260A]
S. 80IB : Industrial undertakings – derived from – Profits from Duty Entitlement Passbook Scheme and Duty Drawback claims- Not income “Derived From” Industrial Undertaking-Not eligible for deduction. [28(iiib), 28(iiic), Art, 136]
S. 80IA : Industrial undertakings-Telecommunication Services Change in shareholding-Block of ten consecutive years-Losses which have lapsed cannot be taken into account for purposes profits of undertaking. [S. 79, 80IA(5)]
S. 68 : Cash credits – Purchase and sale – Genuineness of the Transactions was established -Order of Tribunal deleting the addition was affirmed. [S. 37(1), 260A]
S. 50B : Capital gains -Slump sale -Sale of each asset -No liability was transferred -Not a Slump sale -Question of fact. [S.2(19AA), 2(42C), 45, 260A]
S. 50B : Capital gains -Slump sale -Sale of each asset -No liability was transferred-Not a Slump sale-Question of fact. [S. 2(19AA), 2(42C), 45, Art. 136]
S. 45 : Capital gains -Capital loss -Capital asset – Loan given to its subsidiary in India -Short-term capital loss —Order of High Court affirmed -SLP of Revenue dismissed. [S. 2(14), Art, 136]
S. 37(1) : Business expenditure-Commission-Residence-Company-Control And Management-Assessee-Companies Registered In Sikkim – Burden not discharged -Round tripping of funds -Liable to tax in India. [S. 2(35), 5, 6(3)(ii), 131, 142(1), 143(2), 148, 234A, 282]
S. 36(1)(vii) : Bad debt -Trading loss –Stock in trade – No evidence to demonstrate nature of business advances -Question of fact -Disallowance of claim was affirmed. [S. 28(i), 36(2), 260A]