S. 36(1)(iv) : Contribution to recognized provident fund – Contribution to provident fund which is constituted under Gujarat Co Operative Societies Act , 1961 is eligible deduction . [ S.2(38) 40A(9) , Gujarat Co-operative Societies Act, 1961 , S.71, 72 ]

S. 35AD: Deduction in respect of expenditure on specified business-Hotel business- Granted certification for categorization of its hotel as three star hotel -Entire capital expenditure is allowable as deduction .

S. 15 : Salaries – Salary paid to manging Director in excess of ceiling prescribed by as per Companies Act is taxable as salary provided the excess amount paid was not recovered by the Company .[ S.5 ]

S. 12AA : Procedure for registration –Trust or institution- Failure to dispose application with in prescribed period of six months – registration would be deemed to have been granted from date of inception of assessee-University. [ S.12A ]

S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Training services rendered by assessee to Indian Hotels could not be held to be technical services, nor same could have been characterized as ‘ancillary and subsidiary’ services – DTAA-India- Netherland [ Art .12(5)(a) ]

S. 9(1)(i): Income deemed to accrue or arise in India– Reimbursement of expenses – Failure to substantiate on basis of any clinching evidence – Assessable as business income- India -Nether land . [ Art.7,12 ]

S. 5 : Scope of total income -Retention money- Merely because retention money was accounted for in books of account, same could not be brought to tax without income having been actually accrued- Retention money is taxable in assessment year in which it was actually received . [ S.4, 145 ]

S. 251 : Appeal – Commissioner (Appeals) –Additional evidence-Valuation report of the CA which was filed before the CIT (A)-Tribunal directed the CIT(A) to accept the additional evidence as no opportunity was given by the AO to exercise the option as per Explanation (a) (ii) to section 56(2)(viib) of the Act. [ S.56(2)(viib), 254(1), R. 11UA(1) (b) ]

S. 49 : Capital gains – Previous owner – Firm – Partner-Period of holding-Dissolution of firm- With effect from 1-4-1988 to section 49(1)(iii)(b), period of holding of an asset by an erstwhile partner of a dissolved firm was not to include period of holding of such asset by firm – Period to be reckoned from date of distribution to partner-Asset held was only for one year and two months – Not entitle exemption in respect of investment in certain bonds.[ S. 29A), 2(31),2(42A),45, 50, 54EC ]

S.45: Capital gains- Business income- Share investment- All transactions were delivery based, income arising from such investment was to be treated as capital gain when all earlier years revenue assessed the gains as capital gains. [ S.28(i) ]