S.56: Income from other sources – Share premium- Approved valuer report was furnished – Addition is held to be not valid . [ S. 56(2)(viib), R, 11UA ]

S.54F : Capital gains- Investment in a residential house – The words “in India” cannot be read into section 54F when Parliament in its legislative wisdom has deliberately not used the words. The assessee is entitled to exemption of the Act though he has acquired house property in a foreign country- The amendment to s. 54F by the Finance Act, 2014 w.e.f. 2015 is applicable only prospectively [ S.45 ]

S.45 : Capital gains- Family arrangements- If there is no preexisting right, the family arrangement constitutes a transfer- Merely because dispute involved some family members and such dispute is ultimately settled by filing consent terms, the same cannot be styled as a family arrangement or family settlement so as to hold that the consideration received as a result of such settlement, does not constitute capital gain- Reassessment is also held to be valid . [ S.45,147, 148 , 149 ,151, 163 ]

S. 28(i) : Business loss – Diminution in value of shares- loss claimed by assessee by devaluing book value of shares purchased by them, could not be allowed as business loss . [ S.37 (1) ]

S.147: Reassessment – Change of opinion – Housing project – Produced full accounts and provided full details including built-up area of flats sold-Reopening of assessment on basis of same material would be mere change of opinion and hence not permissible. [ S.80IB(10) 148 , Art .226 ]

S. 254(2A): Appellate Tribunal –Stay- Deposited 71 per cent of tax demand raised in reassessment proceedings- Tribunal is not justrified in rejecting the stay – Balance amount of tax and interest was to be stayed till disposal of assessee appeal. [ S.226, 254(1) ]

S. 147 : Reassessment – Legal represenntaive – Liability – Not inherited anything from his father- Huge deposits prior to death – Reassessment is held to be bad in law . [ S..144, 148 159, Art .226 ]

S.54F : Capital gains- Investment in a residential house – The assessee is entitled to the withdrawal of the amount deposited under Sub-Section (4) of Section 54F of the Act under the capital gain account subject to deduction of tax applicable to the case on hand. [ S.45, 54F(4) ]

S. 92C : Transfer pricing – Arm’s length price – Selection of comparables -Comparision with high brand value and higher scale of operations and profit margin to be excluded – Comparables have to be functionally similar but they should have similar business environment and risks as the tested party- Tribunal order is set aside .[ S.144C ]

S.147: Reassessment-After the expiry of four years- Asset written off and factory land development charges – No allegation of failure to disclose material facts- No new facts- Notice of reassessment is held to be invalid .[ S. 148 ]