S. 245N : Advance ruling – Transaction includes also proposed transaction -Maintainability of application cannot be raised at the time of hearing of application – Duty of the Authority to look in to all aspects of questions posed for its consideration , proceedings on the presumption that one part of agreement has no bearing on other is held to be not tenable [S. 245S(1), 245R ]

S.148: Reassessment – Notice -Concurrent jurisdiction of Assessing Officer Area -Delay and laches on part of assessee in responding notices lost his right to question jurisdiction of Assessing Officer [ S.120(1), 124(3) , 147 ]

S.147: Reassessment-After the expiry of four years-Transaction disclosed in original assessment proceedings discovered to be bogus, reassessment is held to be valid [ S.148 ]

S. 127 : Power to transfer cases -Transfer of pending proceedings on request by assessee, provisions cannot be invoked . [ S. 120, 124]

S. 80IB(10) : Housing projects- Date of commencement – Merely securing approval of Local Authority is not step towards development, actual date of construction is relevant . Project completed in year 2001 therefore balconies to be excluded [ S.80IB(10)(c ).

S.40(a)(ia):Amounts not deductible – Deduction at source – No contract between assessee and parties of hired Vehicles on freight basis for transportation on behalf of principal — Not liable to deduct tax at source [S.194C ]

S. 37(1) : Business expenditure – Accrued or contingent Liability — Enhanced Licence fee payable to Railways is held to be allowable as deduction .[ S.36 , 145 ]

S. 9(1)(i): Income deemed to accrue or arise in India – Permanent establishment – Main business and revenue earning activities of assessee carried on in and from Saudi Arabia, and monitored by Saudi Arabian Ministry – Services carried on by Indian Company in nature of support services only and not constituting main business of Non-Resident – Non-Resident retaining with itself authority to finalise marketing strategies and terms of contracts directly with customers — Indian Company cannot be held to be a Permanent Establishment of Non-Resident- DTAA-India -Kingdom of Saudi Arabia [ Art, 5 , 12 ]

S.253: Appellate Tribunal – Tax Effect – Below 10 lakhs – Where the addition relates to undisclosed foreign assets/ bank accounts – Exception to circular – Appeal by revenue is maintainable

S.5 : Scope of total income – Non-resident foreign national – Alleged deposits in HSBC Foreign Bank account at GENEVA – Deletion of the addition by the CIT(A) is held to be not justified – AO is directed to make further investigation to find out whether the source of the deposits in foreign account originated from India. [S.5(2), 6, 9]