S. 9(1)(vi) : Income deemed to accrue or arise in India–Non-Resident-Royalty-Computer software-Transfer of copyrighted software-consideration would not amount to ‘royalty’ or fees for ‘included services’ or ‘technical services’-Not taxable in India– Not liable to deduct tax at source-DTAA-India–Sweden.[S.9(1)(i), Art. 12]

S. 2(ea): Assets-Urban land held as stock–in trade–Shown as investment-Liable to wealth tax- No substantial question of law. [S. 2(ea)(v), 2(m)]

S. 275 : Penalty-Bar of limitation-Repayment of deposits or Loans-Issuance of notice on 27-11-2014-Passing of final order on 21-9-2016—Barred by limitation. [S. 154, 269T, 271E]

S. 271(1)(c) : Penalty–Concealment–Claim for 100 Per Cent. Deduction-Bonafide claim–Deletion of penalty is held to be justified. [S. 80IC]

S. 271(1)(c) : Penalty–Concealment–Depreciation-Voluntary withdrawal of claim during course of assessment proceedings- Does not mean that assessee accepted guilt or giving wrong or false explanation-Levy of penalty is not justified. [S. 32]

S. 263 : Commissioner-Revision of orders prejudicial to revenue–Merger–Limitation-Merger of assessment order in appellate order—Revision is bad in law- Order of assessment in 2005— Revision in 2009—Barred by limitation-Question regarding limitation can be raised for first time Before High Court. [S.80IB, 153A, 251, 260A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue–Survey – Admission of additional income-Assessment order was passed without enquiry—Revision is held to be valid-Central Board of Direct Taxes is directed to issue necessary instructions to all the Assessing Officers in cases of search and seizure or where survey operations have been carried out by the Department and surrender made or concealed income detected, to ensure proper scrutiny of such cases and discuss reasons for rejecting or accepting the books of account of the assessee and not to merely record in slipshod or cursory manner that “the books of account produced and test checked” as done by the Assessing Officer. [S.119, 132, 133A]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessment after detailed enquiry-Income from house property– Income from other sources- Notice of revision is not valid. [S. 143(3)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue -Merger –Bogus purchases-Appeal regarding particular issue was pending before CIT (A) and decided when the reply to show cause notice was pending-Commissioner cannot revise order with regard to that issue. [S. 251]

S. 263 : Commissioner-Revision of orders prejudicial to revenue- Receipts on account of non-competition fee and assignment of trademark was held to be not taxable by the Assessing Officer- Taking a plausible view- Revision is held to be not valid. [S.55(2)(a)]