S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-Online market support services-Allocation of expenses-Expenditure for un-allocable costs could be allocated on basis of proportionate turnover of concerned segment-Open to accept one or other principle i.e turnover method or headcount method-Choice of assessee in relying upon headcount principle per se could not be rejected-SLP of Revenue is dismissed due to low tax effect.[Art. 136]

S. 90 :Double taxation relief-Foreign tax credit-Australian branch-Reasons for such denial could not be discerned and such facts and circumstances warranted reconsideration, matter was to be remanded for reconsideration in so far as tax credit claim was concerned-DTAA-India-Australia.[Art. 24, Art. 226]

S. 90 : Double taxation relief-DTAA overrides provisions of section 206AA-Rate of tax to be applied for grossing up should be as per DTAA-No substantial question of law. [S. 206AA, 260A]

S. 90 :Double taxation relief-DTAA overrides provisions of section 206AA-Rate of tax to be applied for grossing up should be as per DTAA-Delay of 402 days in filing SLP-Delay is not explained satisfactorily-Delay is not condoned-SLP of Revenue is dismissed.[S. 206AA, Art. 136]

S. 90 :Double taxation relief-Elimination of double taxation-Review petition dismissed against order of Supreme Court that a notification under section 90(1) is a mandatory condition to give effect to a DTAA, or any protocol changing its terms or conditions, which has effect of altering existing provisions of law and thus, for a party to claim benefit of a same treatment clause, based on entry of DTAA between India and another state which is member of OECD, relevant date would be entering into treaty with India and not a later date, when, after entering into DTAA with India, such country becomes an OECD member, in terms of India’s practice-DTAA-India-France [R. 128, Art. 10, 13]

S. 80IC : Special category States-Manufacture of pan masala (Mouth freshener)-Pan masala without any tobacco content will not fall within purview of Entry 1 of Part A of Thirteenth Schedule and assessee is entitled for deduction under section 80IC(2)(a)(i) read with section 80IC(3). [S.80IC(2)(a), 80IC(3), 260A]

S. 80IB (10) : Housing projects-Project was sanctioned prior to 1-4-2005-Concept of built up area was introduced with effect from 1-4-2005 could not be applied retrospectively-Expression built up area would exclude balcony area-Order of Tribunal is affirmed-No substantial question of law. [S.80IB(14), 260A]

S. 69C : Unexplained expenditure-Bogus purchases-Trading in resign and chemicals on whole sale basis-Information from Sales tax Department-Order of Tribunal restricting the addition to 12.5 % of gross profit is affirmed-No substantial question of law. [S. 133(6), 145(3) 260A]

S. 69C : Unexplained expenditure-Search-Diary-Unexplained general expenses-Legal expenses-Order of Tribunal deleting the addition is affirmed-No substantial question of law.[S. 132, 153A, 260A]

S. 69C : Unexplained expenditure-Search and seizure-Duplicate account-Yield in various years-Finding reversed relying on statement-Order of Tribunal is restored-Miscellaneous application against the order of Supreme Court is dismissed on account of delay and also on merits. [S. 132, 143(3), Art. 136]