S. 92CA : Reference to Transfer Pricing Officer-Arm’s Length price-Limitation-Reference and approval-Question of limitation is legal plea and can be raised at any stage-Existence of alternate remedy not bar-Writ is maintainable Participation of assessee in proceedings not a bar to challenging jurisdiction-The reference to the Transfer Pricing Officer had been made after the permissible period, the timeline had been missed by the Department at every stage. Therefore, as a sequitur, all further proceedings, in furtherance thereof were also bad in law-Decision of single judge set aside. [S. 144C, 153(1) Art. 226]

S. 80HHC : Export business-Turnover-Burden is on assessee to prove that royalty received from subsidiary company related to Export business-Royalty not to be included in turnover for computation deduction. [S. 80HHC(4)]

S. 68 : Cash credits-Sale consideration-Burden not discharged-Addition is justified. [Indian Evidence Act, 1872, S. 106]

S. 50B : Capital gains-Slump sale-Assets Transfer of undertaking-Not slump sale. [S. 45]

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-Debts barred by limitation do not cease to be debts-Not to be treated as income. [S. 28(i), Limitation Act, 1963]

S. 37(1) : Business expenditure-Electricity charges-Allowable as deduction.

S. 37(1) : Business expenditure-Capital or revenue-Laying pipelines for treatment of effluents of different industries-Amount spent in getting ISO certification-Revenue expenditure.

S. 36(1)(vii) : Bad debt-Amounts written off in the books of account-Order of Tribunal is affirmed-Allowable as deduction.

S. 17(2) : Perquisite-Salary-Valuation-Undertaking owned or Controlled by Central Government-Not Central Government-Cannot claim valuation of perquisites under Rule applicable to Government employees. [S. 15, R. 3, Art. 12, 136]

S. 4 : Charge of income-tax-Capital or revenue-Compensation received-Non-achievement of performance parameters-Capital receipt. [S. 28(i), 43(1)]