S. 195 : Deduction at source-Non-resident-Income deemed to accrue or arise in India–Royalty–Doctrine of treaty override–DTAA-India–Singapore [ S.9(1)(vi), Art.12]
S. 195 : Deduction at source-Non-resident-Income deemed to accrue or arise in India–Royalty–Doctrine of treaty override–DTAA-India–Singapore [ S.9(1)(vi), Art.12]
S. 160 : Representative assessee-Transparent entities-When an assessee is a representative assessee of a tax transparent entity, it is the status of beneficiaries or constituents of tax transparent entities which is relevant for the purpose of determining treaty protection–DTAA–India–Netherlands. [S. 10(38), 45, Art.13]
S. 154 : Rectification of mistake-When issues were debatable one, where more than one opinion was possible, no adjustment under section 143(1)(a) is permissible. [S. 143(1)(a)]
S. 154 : Rectification of mistake–Failure to consider the Judgement of High Court or Supreme Court–Mistake apparent from record-Can be subject matter of rectification though the claim is not made during original assessment proceedings or appellate proceeding.
S. 153A : Assessment-Search or requisition-Share application moneys-no evidence of receipt of unsecured loan-In the absence of incriminating material found during search-Addition on account of share application money is held to be not justified. [S. 68, 132(4)]
S. 153A : Assessment-Search or requisition-Assessment for relevant year completed-No addition could be made. [S. 68, 132]
S. 153A : Assessment–Search-Share application money–No incriminating material was found–Addition cannot be made–Opportunity to cross examination must be given of the entry operators. [S. 68, 132]
S. 153A : Assessment–Search-No incriminating material was found-Addition cannot be made. [S. 68, 132]
S. 153 : Assessment–Limitation–Special audit under section 142(2A) is not in accordance with law, time limit for making assessment cannot be extended for time taken for special audit. [S. 142(2A)]
S. 151 : Reassessment-Sanction for issue of notice-Share capital-Share premium-Approval-mechanical approval mentioning “Yes”–Non application of mind – Reassessment is held to be bad in law. [S. 147, 148]