S. 148 : Reassessment – Validity of service – Notice was sent on the address where assessee was not residing – Service made at the address which was referred on the envelope not of assessee – Presumption of service cannot be drawn –Reassessment is held to be bad in law .[ S.147,292BB ]

S. 143(1D) : Assessment – Processing of return – Matter pending for scrutiny before competent authority – No mandamus can be issued by Court at this stage for granting refund [ S.237 ]

S. 139 : Return of income – Condonation of delay of 1232 days – When explanation offered was acceptable and genuine hardship established – Condonation application for delay is to be accepted [ S.119 ]

S. 92C : Transfer pricing – Arms’ length price -company engaged in providing BPO services – Comparable company engaged in KPO and other IT services hence cannot be accepted as valid comparable

S. 80IB : Industrial undertakings – No deduction is allowable if return of income is not filed within due date of the filing of the return. [ 80AC, 139(1), 139(4) ]

S. 37(1) : Business expenditure – Capital or revenue -Purchase of computer software for up-gradation of existing computer software – Revenue expenditure even though it provides enduring benefit- Expenses for employees welfare -foster safe working environment is revenue expenditure – The test of one-time payment or not is not the sole test to determine nature of expenditure.

S. 37(1) : Business expenditure – Sales commission paid to agent in Iraq in relation to sale of trucks and particular person to be treated as allowable business expenditure – Capital or revenue-Drawings and designing charges related to computer software – Cannot be treated as capital asset.

S. 32 : Depreciation – Tribunal’s observation that transaction lacks bonafides – No material to dislodge factual findings recorded by Tribunal – Matter remanded to AO by Tribunal justified .

S. 32 : Depreciation – Higher rate – Transportation- Motor lorries used for providing specialized equipments and trained manpower for mining and transportation of excavated minerals on hire is eligible for higher rate of depreciation

S. 10(23A) : Professional association or institution – Approval for exemption granted by Central Government to undivided State Bar Council of Madhya Pradesh vide notification dated 09-08-1966 – Notification and exemption would equally apply to the State Bar Council of Chattisgarh by virtue of provisions of S. 78 and 79 of the Madhya Pradesh Reorganisation Act, 2000 (‘the Act of 2000’) wef 01-11-2000.