S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Non-Resident-Contract for development of gas fields-Construction activity continued in India for a period of six months only-No Permanent Establishment in India-DTAA-India-Cyprus. [Art. 5(a)(g)]
S. 4 : Charge of income-tax-Hindu undivided family-Capital gain-Individual or HUF-Remanded for fresh decision. [S. 139(5)]
S. 10AA : Special economic zones – Approval – Medallion – Manufacture of gold jewellery – Entitle for exemption .
S. 10A : Free trade zone – Splitting up or reconstruction – Three units at different locations – Approval from Authority of Software Technology Park of India ( STPI) -Entitle to deduction .
S. 10A : Free trade zone – Splitting up or reconstruction – Purchase of new computers -Not owning the land – Site development of software programme – Eligible exemption.
S. 194J : Deduction at source – Fees for professional or technical services -Provision of third party administrator services to insured — Service providers have to deduct tax from payments made to Hospitals – Circular No. 8 Of 2009, dated 24-11-2009 (2009) 319 ITR (St.) 22) is not valid to extent it provides for penalty for infraction of Section 194J [ S.119(1), 271C , 273B, Art . 226 ]
S. 245D : Settlement Commission – Offer of small portion of disputed amount voluntarily — Justified in accepting the offer .[ S.245D(4), Art, 226 ]
S. 32: Depreciation — Actual cost — Purchase of second-hand Windmill —Disallowance of depreciation is held to be justified .[ 43(1), Expln. 3, 143(3), 147 ]
S.147:Reassessment —Failure to furnish reasons recorded by Assessing Officer — Furnishing the recorded reasons when the matter was pending before Appellate Tribunal-Tribunal remanding the matter – Order of Tribunal remanding matter and subsequent assessment and demand notice set aside [ S.148 , 254(1) ]
S. 10B: Export oriented undertakings – Loss -Set off -Export oriented units -Deduction cannot be thrust- Entitled to set off losses from export oriented units against profits of domestic tariff area unit[ S.(10B(6)(ii), 70, 72, 74 ]