S. 92A:Transfer pricing- Arm’s length price – Associated enterprises – Two enterprises can be treated as associated enterprises- Judgements of non jurisdictional High Courts are binding on the Tribunal- Addition is deleted . [ S. 92A(2) , 92C ]

S. 90 :Double taxation relief – Once an income of an Indian assessee is taxable in the treaty partner source jurisdiction under a treaty provision, the same cannot be included in its total income taxable in India as well i.e. the residence jurisdiction, is no longer good law in view of s. 90(3) inserted w.e.f. 01.04.2004-The mere amendment or substitution of a section does not affect the validity of notifications, circulars and instructions- Addition made by the AO is confirmed . .[ S. 90(3)144C ]

S. 80IA :Industrial undertakings – Conversion of a partnership firm into a company- Part IX of Companies Act- As per S. 575 of the Companies Act, the conversion of a partnership firm into a company under Part IX causes a statutory vesting of all assets of the firm into the company without the need for a conveyance-The business of the firm is carried on by the company and the latter is eligible for the benefits of S. 80IA (4) of the Act . [ S.80IA(4) , Companies Act , S.575 ]

S. 12AA : Procedure for registration –Trust or institution- Proposed activities –Registration cannot be refused on the ground that no activities are carried out .

S. 37(1) : Business expenditure –Providing gifts to Medical practitioners by pharmaceutical companies –CBDT circular silent about pharmaceutical companies – Circular had no retrospective effect – Prohibition imposed by Indian Medical Council against acceptance of gift is on the medical practitioner and doctor and not on the pharmaceutical companies -Disallowance is deleted .

S. 37(1) : Business expenditure – Levy of interest for withholding payment of VAT- Compensatory interest u/s 30(2) – For delay in payment of additional tax under MVAT – Penal interest u/s 30(4) – Concealment or furnishing of inaccurate particulars of income – Paid by assessee to buy peace and end litigation with MVAT authorities – AO asked to bifurcate these payments – Compensatory interest allowed – Penal Interest disallowed. [ MVAT Act , 2002 , S.30(2) 30(4) ]

S. 80IB(10) : Housing projects- Date of agreement with land owner dated 11-07 -1997 – Approval of project by local authority was on 30 -09 1998 – Project completed before 31-03 2008 – Entitle to deduction .

S. 271B : Penalty–Failure to get accounts audited-Assessee bona fide in treating commission income as turnover along with other turnover which was below limit for audit -Department treating unaccounted turnover as part of total turnover holding assessee liable for penalty for failure to get accounts audited -Penalty liable to be deleted.

S. 271C : Penalty-Failure to deduct at source–bonafide belief–whether payee is in the category of government or local authority–No penalty is leviable.

S. 271B : Penalty-Failure to file audit report within time-reasonable cause for delay–Audit report filed before assessment proceedings- Penalty is not warranted.