S.37(1): Business expenditure – Amortisation of expenses – Development of roads and highways in build operate and transfer agreements – Benefit of circular cannot be thrust upon the assessee if it has not claimed .

S.260A:Appeal High Court- Delay of 318 days was not condoned as the department has not explained reasonable cause .On an average 2000 appeals are filed by the revenue every year ,thus the Officers of the revenue should be well aware of the statutory provisions and period of limitation for filing appeals .

S. 145 : Method of accounting -Rejection of accounts was held to be not justified on the basis that the goods are sold at the price lower than the market price or purchase price – Law cannot oblige or compel a trader to make or maximise its profits [ S.145(3)]

S. 69C : Unexplained expenditure -Disallowances cannot be made merely on the ground that parties to whom payments were made not appeared before the AO in response to summons , when the assessee has furnished PAN numbers , TDS was deducted and details of the bank was furnished [ S. 37(1) , 131 ]

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits – Payment made to producer of meat in cash in excess of Rs 20000/ disallowance cannot be made .Circular No 8 of 2016 dt 6-10-2016 issued by CBDT cannot impose additional condition in the Act or Rules adverse to an assessee. [ R.6DD (e(]

S.28(i):Business loss-Fluctuation in rate of exchange in case of loans utilised for working capital of the business is held to be allowable expenditure [ S.37(1) ]

National Litigation Policy -Burdening the Court with frivolous litigation- Strictures passed –Union of India has created a huge financial liability by engaging so many lawyers for an appeal whose fate can easily imagined on the basis of existing orders in similar cases .Yet the Union of India is increasing its liability and asking the tax payers to bear an avoidable financial burden for the misadventures . Appeal was dismissed with cost of Rs .1,00,000/.

S.147 : Reassessment – Income of any other person – Issue of notice u/s 153C and did not continue with proceedings , again issuing a notice u/s 148 is held to be bad in law [S.148, S.153C]

S.145:Method of accounting – Work-in-progress- Construction and development of properties -Interest paid on borrowings as component of work in progress was capitalised and also claimed as deduction for same interest under the head income from house property . Matter was remanded to the AO to consider AS 10 and AS 16 and decide according to law [ S.22 ]

S.80P: Co-operative societies – Interest earned by a co-operative Society from deposits kept with co -operative bank is deductible .[S.80P(4) ]