S.260A: Appeal -High Court -Departmental Counsel- CBDT should re consider the practice of appointing retired revenue officers as panel counsel. CBDT should lay down a standard procedure in respect of manner in which the Departmental Officer/ Assessing Officer assist the Counsel for the Revenue while promoting/ protecting Revenue’s cause so that the Revenue’s Counsel are not left to fend for themselves. Copy of the judgement was forwarded to Chairman CBDT.

S. 253: Appellate Tribunal -Registrar’s Court -The Registrar of the Tribunal has no jurisdiction to consider and decide on applications for condonation of delay. Only the Court/ Tribunal have the power. The order passed by the Registrar is ultra vires his power and non est in law. He should desist from passing such orders [ S. 152(1).253(5) ]

S. 158BB: Block Assessment-Survey- Material found in the course of search and survey which has been made simultaneously made at the premises of connected person can be utilised while making block assessment [ S. 132, 133A, 158BC ]

S. 92CB: Transfer Pricing- Safe Harbour Rules- AO has no authority to make any reference to the TPO to ascertain the arm’s length price of the assessee’s specified domestic transactions. CBDT’s circular dated 10.3.2006 could not have and does not lay down anything to the contrary.[ S. 92C,92CA ]

S.92C: Transfer pricing- The “international transaction” as defined in S. 92F(v) has to be a genuine transaction. Transfer pricing provisions do not apply to non-genuine or sham transactions [ S.92F( v) ]

S. 80IA :Industrial undertakings – Infrastructure development- Inland Container Depots (ICDs) are Inland Ports and income earned out of these Depots are eligible for deduction. However, the actual computation is to be made in accordance with the different Notifications issued by the Customs department with regard to different ICDs located at different places [ S.80IA(4) ]

S. 80HHC : Export business –Supporting manufacturer – Question whether supporting manufacturer who receives export incentives in the form of duty draw back (DDB), Duty Entitlement Pass Book (DEPB) etc. is entitled for deduction u/s 80HHC is referred to the larger Bench

S.40(a)(ia):Amounts not deductible – Deduction at source- The amendment made by the Finance Act, 2010 in Section 40(a)(ia) of the IT Act is retrospective in nature . i.e .from the date of insertion of the said provision w.e.f AY. 2005 -06

S. 28(iv) : Business income- Waiver of loan-Remission or cessation of trading liability –Loan waiver cannot be assessed as cessation of liability , if the assessee has not claimed any deduction u/s 36(1)(iii) of the Act qua the payment of interests in any previous year and S.28(iv) does not apply if the receipts are in the nature of cash or money [ S. 4,36(1)(iii),41(1) ]

S. 35AB :Know-how –Acquiring know how means acquiring on ownership basis or on lease deduction can not be allowed as revenue expenditure [ S.37(1) ]