S. 92C : Transfer pricing-Arm’s length price-Comparable-Software product development-Company have brand value and more than 24 times that of turnover-Significant intangible assets-Business restructuring-Extraordinary event of amalgamation-Company which developed its own web based software-Huge brand value-BPO services-Additional evidence-Matter remanded. [S. 254(1), 260A]
S. 68 : Cash credits-Share application money-Opening balance-Substantial loan was received in earlier year addition cannot be made-Sufficient evidence was produced as regards additional amount received during the year-Deletion of addition is held to be justified. [S.260A]
S. 37(1) : Business expenditure-Marketing and publicity expenses-Star Pravaha-Star Maza-Allowable as business expenditure incidental benefit to some other party from such expenses, would not reduce allowability of such expenditure.
S. 36(1)(iii) : Interest on borrowed capital Investment in group companies for strategic business purpose-Allowable as deduction.
S. 11 : Property held for charitable purposes-Primary aim and objective to promote habitat concept-Registered as Charitable Trust-Principle of mutuality not required to be gone in to-Entitle to exemption. [S. 2(15), 12, 13]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Risk Policy Premium-Revision barred by limitation-Order of Tribunal is affirmed. [S. 37(1)]
S. 260A : Appeal-High Court-Capital gains-Full value of consideration-Stamp valuation-Reference to DVO-Grounds not raised before the Tribunal-Not allowed to raise the ground in an appeal before High court. [S. 45, 50C, 254(1)]
S. 250 : Appeal-Commissioner (Appeals)-Dismissal of appeal as defective and also stay application-Matter remitted to Commissioner (Appeals) for consideration and decision afresh on merits. [S. 271B, Art. 226]
S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of Appeal before CIT (A)-Directed to deposit Rs. 2 lakhs and stay was granted till disposal of appeal. [S. 220(6), 246A]
S. 147 : Reassessment-Any hypothesis or contingency that may emerge in future-Protective addition-Reassessment is bad in law. [S. 148, Art. 226]