S.92BA:Domestic transfer pricing- Arms Length price- Specified Domestic Transactions ( SDT)- Purchase of loan from HDFC Ltd -Loan could never be termed as an expenditure – Payment made by the petitioner to the global Pvt Ltd for rendering services would not fall with in the meaning of a SDT – Payment of interest to HDFB Trust which is a welfare trust for providing general welfare to the employees of the petitioner and not the petitioner – The Trust has been set up exclusively for the welfare of its employees and there is no question of petitioner being entitle to 20% of the profits of such Trust – transaction would not fall with in the meaning of S. 40A(2) (b) of the Act hence is not covered as SDT- Loan cannot be treated as expenditure -Indirect share holding is not covered under S.40A(2)(b) of the Act- – From Revenues contention that a share holder has beneficial interest in the assets of the company is contrary to all cannons of company law -Law does not permit to hold that HDFC Ltd is the beneficial owner of 22.64% of the shares of the petitioner by clubbing the share holding of HDFC investments Ltd with the share holding of HDFC Ltd- None of the three transactions that form the subject matter of the petition with in the meaning of S.92BA(1) of the Act , required to be disclosed by the petitioner by filing form 3CEC – Accordingly the petition was allowed. [ S.40A(2)(b),92CA(1), 271G ]

S. 69C : Unexplained expenditure – Bogus purchases – Business of manufacturing cycle/cycle rims- The item-wise break-up of each and every purchase item along with comparative figures of the previous years was furnished – All the payments have been made by account payee cheque/bank draft- All the payments have been made by account payee cheque- Sample copies of the bills raised by those parties were submitted and it was stated that the bills contained the complete address of the parties, their TIN Nos., etc. Further, the purchases have been made against C Forms which have been duly issued by the assessee company-The fact that the vendors are not available at the given address is not sufficient to treat the purchases as bogus if the assessee has discharged primary onus and substantiated the purchases through documentary evidence and payment is made through banking channels. None of these documents have been proved to be false or untrue and thus the initial burden cast on the assessee was duly discharged- Decision of the CIT(A) is deleting the addition is affirmed .[ S.143(3) ]

S. 50C: Capital gains-Full value of consideration – Stamp valuation-The valuation of the stamp authority cannot be adopted for the purpose of collecting capital gain tax in the hands of the assessee, if there is a long gap between the date of execution of the MOU and the execution of a formal development agreement.[ S.45, 269UL(3) ]

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Provision for doubtful debt- Burden is revenue to prove that excess provision for bad and doubtful debt written back in profit and loss account was allowed as deduction in previous years -Deletion of addition is held to be justified [ S. 36(1)(viia) ]

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot exceed exempt income [ S. 263 ,R.8D ]

S.37(1): Business expenditure – Ad hoc disallowance of 10% claim – Bricks, machinery repairs, cartage , labour expenses- No ad hoc disallowances can be made without rejecting the books of account and also allowed in the past consistently such expenses in scrutiny assessments . [ S.143(3), 144 ]

S. 147 : Reassessment –Order passed consequent to reassessment had not confirmed the addition attributable to the reasonable belief of the Assessing Officer, while passing the reassessment order – Reassessment is held to be bad in law.[ S.148 ]

S. 147 : Reassessment – Change of opinion- Income from other sources -AO has consciously considered the claim for deduction u/s 80IC in the regular assessment proceedings – Accordingly reassessment is held to be not valid .[ S.80IC, 148 ]

S. 147 : Reassessment – Export oriented undertakings – Where in the course of original assessment proceedings the Assessing Officer has raised several queries and allowed the claim-Reassessment cannot be made to examine another facet of said claim.[ S.10B, 148 ]

S. 12AA : Procedure for registration –Trust or institution- In the absence of any cogent material or evidence to establish any violation of provisions of S. 12AA(3),cancellation of registration retrospectively is held to be not justified [ S.11, 12AA(3) ]