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]

S. 250 : Appeal – Commissioner (Appeals) – Procedure – All issues to be mandatorily adjudicated when specific ground is raised. Matter remanded to CIT(A) to decide all the issues raised before him afresh which were not adjudicated [ R.27 ]

S.5:Scope of total income – Non-Resident- Alleged deposit in HSBC foreign bank Account at Geneva – A non -resident having money in a foreign country cannot be taxed in India if such money has neither been received or deemed to be received , nor ha it accrued or arisen to him or deemed to accrue or arise to him in India -Addition cannot be made for the alleged deposit in foreign Bank accounts [ S. 5 (2) ,6, 9 ]

S. 48 : Capital gains – Computation -While computing the capital gains the benefit of indexation should be given on basis of date of acquisition of asset and not on basis of actual payment [ S. 45 ,55(2)]