S. 271(1)(c) : Penalty-Concealment-Arbitration award-dredging contract-Annexed a Note in ITR based on relevant DTAA that said amount was not taxable in India-Levy of penalty is held to be not justified-DTAA-India-Netherland-In computing time limitation for pronouncement of order by Tribunal, nation wide COVID 19 lockdown period was to be excluded. [S. 28(i), 255, ITAT R, 34, Art. 5, 7]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Losses-Set off of one head against income from another-There is no provision in section 115BBD to eliminate dividend income received from specified foreign company before setting off of loss-Revision proceeding is quashed. [S. 71, 115BBD]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Specified domestic transactions– When clause (i) of section 92BA has been omitted by Finance Act, 2017 with effect from 01-04-2017, without any saving clause of General Clauses Act, it would be treated as said clause never existed in Statute Book-Revision is held to be bad in law. [S. 92BA]

S. 255 : Appellate Tribunal-Reference to Special Bench-Interest-Paid by subsidiary-Matter referred to Larger Bench to examine connotations of expression ‘paid’ appearing in article 11 as in various decisions of Tribunal, there was no discussion about connotations of expression ‘paid’ and these decisions simply proceed on basis that since expression ‘paid’ is used in article 11(1) of India Cyprus tax treaty, taxability of interest can only be on cash basis-DTAA-India-Cyprus. [Art. 11(1)]

S. 254(2A) : Appellate Tribunal-Stay-Paid half of demand-Garnishee proceedings-Stay was granted. [S. 220, 226(3)]

S. 254(1) : Appellate Tribunal-Powers-Delay of 92 days-Averments made in the application for condonation of delay was not supported by any affidavit either of assessee or Chartered Accountant-Appeal was dismissed.

S. 250 : Appeal-Commissioner(Appeals)-Duties-Penalty-Search initiated on or after 1st June, 2007-Penalty order confirmed by the CIT(A) merely on ground that written submissions filed against said order did not bear signature of assessee-Order was set aside to the file of CIT(A). [S. 271AAA]

S. 234E : Fee-Default in furnishing the statements-order pertaining period prior to 1-6-2015-Matter remanded to the file of CIT(A). [S. 200A, 250]

S. 194J : Deduction at source-Fees for professional or technical services-Distribution of film-Minimum Guarantee Royalty (MGR)-Copy right-Royalty-Right of exhibition of cinematographic films-Not copy rights hence do not fall under term Royalty-Not liable to tax deduction at source-No disallowance can be made. [S. 40(a)(ia)]

S. 194H : Deduction at source-Commission or brokerage-Discount on pre-paid sim cards-Not required to deduct tax at source.