S. 45: Capital gains-Transfer-Any transaction by way of becoming a member-Joint Development Agreement (JDA)-Unregistered JDA/GPA can still constitute transfer under section 2(47)(vi)-Transfer of 62% land in exchange for 38% developed area taxable in year of agreement-The matter was remanded only for recomputation of capital gains in accordance with sections 48 and 50C. [S. 2(47)(vi), 48, 50C]

S.43CA: Transfer of assets-other than capital assets-Full value of consideration-stock in trade-Agreement value-Stamp valuation-Where part consideration is received by account payee cheque on the date of agreement, stamp duty value as on the date of agreement has to be adopted-No addition. Ss. 43CA(3), 43CA(4)[S. 43CA(3), 43CA(4), 50C]

S. 41(1): Profits chargeable to tax-Remission or cessation of trading liability-Outstanding liability cannot be taxed merely because it has become time-barred under the Limitation Act-In the absence of remission or cessation of liability, section 41(1) cannot be invoked. [S. 145]

S. 40(a)(ia): Amounts not deductible-Deduction at source-Compensation paid for surrender of rights is not interest-Disallowance is not justified. [S. 194A]

S. 40(a)(i): Amounts not deductible-Deduction at source-Non-resident-Reimbursement of professional fees and expatriate salary costs to a foreign AE is not liable to TDS where payments do not satisfy the ‘make available’ test under the DTAA and salary costs are reimbursed on a cost-to-cost basis without any profit element.-Not liable to deduct tax at source [S. 9(1)(i), 195]

S. 37(1): Business expenditure-Employees’ Stock Option Plan (ESOP)-Discount on ESOP-Ascertained liability-Deduction allowable.

S. 35: Expenditure on scientific research-Weighted deduction under section 35(2AB) is not allowable in the absence of approval of the in-house research facility and prescribed statutory compliances. [S. 35(1)(iv), 35(2AB)]

S. 14A: Disallowance of expenditure-Exempt income-Administrative expenses-Rule 8D-Disallowance computed by Assessing Officer upheld. [R. 8D(2)(iii)]

S.14A: Disallowance of expenditure-Exempt income-No exempt income earned-No disallowance permissible.[R. 8D]

S.14A: Disallowance of expenditure-Exempt income-Disallowance under section 14A cannot exceed the exempt income earned during the year-Book profit-Minimum Alternate Tax-Disallowance computed under section 14A read with rule 8D cannot be added while computing book profit under section 115JB. [S. 11JB, R. 8D]