S. 37(1) : Business expenditure –Capital or revenue- Business carried on leased premises – Expenditure on repairs and refurbishing is revenue expenditure — Expenditure on erecting structures —Matter remanded – The court also directed that since the lease deeds produced before the court were not registered the Deputy Commissioner was to impound the documents and refer them to the District Registrar for proper stamping and the assessee would also be obliged to register the deeds. [ S.32(1)]

S. 14A : Disallowance of expenditure – Exempt income –Investment in shares – Not from borrowed funds –No disallowance can be made. [S. 10(34), R.8D ]

S. 12A : Registration –Trust or institution- when there is no change in objects of Trust , registration cannot be cancelled on the ground that there was amendment in respect of appointment of chief trustees and manner of managing the trust .[ S.11, 12AA(3), 13 ]

S. 12A : Registration –Trust or institution- Cricket association holding commercial tournaments on behalf of Board of Control for cricket in India is entitle exemption . The court admitted the appeal on the question whether the Tribunal erred in holding that even after addition to the objects clauses of the assessee-trust made without intimation to the Department, the registration could not be ipso facto cancelled under section 12AA(3) on the ground that the registration granted under section 12A and the benefits flowing therefrom, could not continue after amending the objects without the approval of the competent authority. [ S.2(15) 12AA(3), 260A ]

Direct Tax Dispute Resolution Scheme, 2016- Finance Act , 2016
S.208: Scheme not to apply in certain cases -Acceptance of loans or deposits-Penalty under S. 271D and 271E for contravention of S. 269SS will be entitled to have their applications processed for benefit of Direct Tax Dispute Resolution Scheme, 2016. [ ITA, S. 269SS,271D, 271E ]

S. 277 : Offences and prosecutions – False statement – Verification – Principal Assessing Officer-Bogus claim of brokerage- Subscribed her signature in profit and loss account and balance sheet of company for relevant assessment year which were filed along with returns-Assessing Officer was justified in naming her as Principal Officer and accordingly she could not be exonerated for offence under S. 277 of the Act. [ S. 2(35), 204(iii), 276C, 278B , CRPC, S.245 ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Capital gains- Firm- Investment in specified assets- Revision up held -On merit , deduction is allowed where assessee invested sale proceeds of hospital business in UTI within prescribed time period- Share of daughter received by way of release , the matter was remanded to verify whether period exceeded 36 months and decide according to law . [ 45(4) 54EA ]

S. 251 : Appeal – Commissioner (Appeals) – Power of enhancement -In penalty appeal the CIT(A) cannot issue direction to the Assessing Officer for exploring the addition in assessment . [ S.271(1) (c )]

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders -Deduction at source- Denying the liability is appeasable -Order determining amount of tax deduction at source is appealable order- Tribunal has failed to consider S.248 of the Act therefore suffers from infirmity and is per incuriam – Matter set aside to decide in accordance with law.[ S.195(2) , 248, 254(1) ]

S. 222 : Collection and recovery – Certificate to Tax Recovery Officer – Arrest- Notice under rule 73 of Schedule II having been issued for recovery of tax dues did not give rise to any apprehension of immediate arrest-Petition under S. 438 of Cr.P.C. against said show-cause notice would not be maintainable. [ S. 276C, Cr .P.C. S.438 ]