S. 40A(3) : Expenses or payments not deductible-Cash payments exceeding prescribed limits–Logistic solutions-Airline companies – Identity of payee and genuineness of transaction is not doubted – Disallowance was deleted.

S. 40(a)(ia) : Amounts not deductible-Deduction at source– Commission-Incentive to retailers-Not liable to deduct tax at source. [S. 194H]

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident–Providing services of AMC and installation, commissioning services, for equipment supplied by its group entities to customers in India – Not liable to deduct ta at source- DTAA-India –USA [S.195, Art .12 (4)]

S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident–Airfreight-Payments on behalf of its clients as Clearing and Forwarding Agent which were reimbursed-Expenditure was not claimed as deduction- No disallowance can be made. [S.44B, 172]

S. 10AA : Special economic zones-Merely because consideration was received after 6 months from close of FY, deduction could not be denied to assessee on such sum—AO was directed to consider a sum as export turnover – Deduction cannot be allowed on unbilled revenue as it does not qualify the definition of export and export turnover. [S. 10A(3)]

S. 9(1)(vi) : Income deemed to accrue or arise in India–Royalty-fee for technical services-Income from offshore sale of products could not be construed to be FTS or royalty liable to tax in India–DTAA-India-Australia.

S.92C: Transfer pricing—Selection of comparables—Functionally different—IT enabled services- TNMM – Software developer could not be functionally comparable with a pure captive service provider – Foreign exchange gain or loss is part of operating expenditure/ income.

S.92C:Transfer Pricing—ALP—Separate segment accounts— rejection of segment on ground that ‘weight’ was an appropriate allocation key deserves to be rejected and adjustment so made TPO was to be deleted.

S.80HHC:Export business- Audit report was filed in the name of proprietorship concern – Disallowance of claim is held to be not valid . [ S.158BC ]

S. 69A : Unexplained money – Income from undisclosed sources –Export sales – Export was made by assessee in his proprietorship concern and there was no justification for making an addition as undisclosed export proceeds –Statement of third party – Addition is held to be not justified without giving an opportunity of cross examination. [ S.158BC ]