S. 143(2) : Assessment-Mandatory issue of notice-Jurisdiction-Transfer from Shillong to Guwahati-Order passed by Assessing Officer, Guwahati without issuing notice under section 143(2) and only in pursuance with notice issued by ITO, Shillong who did not enjoy jurisdiction over assessee was null and void. [S. 120, 143 (3)]

S. 132(4) : Search and seizure-Introduction of undisclosed income as share capital of company-statement of assessee-transactions made by him in FY 2009-2010 and including amount in return for AY 2010-11. AO accepting admission but bringing sum to tax in 2009-10. Sum could not be taxed in AY 2009-10. [S. 68, 132, 153A]

S. 115JB : Book profit-Subsidies-Refund of VAT and Excise duty-New Industry-Cannot be considered as income for purpose of book profit even though same was credited in profit and loss account.

S. 115JB : Book profit-Disallowance made under section 14A cannot be considered while computing book profit under clause (f) of Explanation 1 to section 115JB. [S.14A]

S. 92C : Transfer pricing-Arms’ length price-Comparable-leading company without segmental information cannot be accepted as a comparable.

S. 92C : Transfer pricing-Assessee engaged in software development services, comparable engaged in wide variety of services-Not comparable without segmental analysis. TPO bound by the directions of the DRP. [S. 92CA, 144C]

S. 92C : Transfer pricing-Arm’s length price-Management fee-TPO did not resort to transfer pricing exercise adjustment-Addition was to be deleted. [S. 92C(1)]

S. 92C : Transfer pricing-Arm’s length price-Comaprable-Cannot be comparable with business support services-Functionally dissimilar cannot be comparable-Abnormal growth due to restricting cannot be cpmparable-Company had outsourced services to third party vendors cannot be held to be comparable.

S. 92C : Transfer pricing-Arm’s length price-Capacity utilization adjustment-allowed as the assessee is in the initial years of operation-Matter remanded0 Treatment of depreciation as operating expense-Depreciation held as operating expense for R&D segment considering interlink with manufacturing segment.

S. 92C : Transfer pricing-Arm’s length price-Comparable-Functionally similar it could not be excluded-TPO applied RPT filter of 25 per cent in case of assessee company, comparable company having RPT of more than 50 per cent could not be accepted as valid comparable-Working capital adjustment is allowed.