S. 45: Capital gains- Business income – Profit earned on sale of Shares or Units of Mutual Funds was held to be assessable as capital gains .[ S. 28(i) ]

S. 45: Capital gains — Business income –Profit on sale of shares was held to be assessable as capital gains and not as business income [ S. 28(i) ]

S. 44C : Non-residents – Head office expenditure – Salary paid to expatriates stationed in India working exclusively for business operations In India, provision was held to be not applicable .

S. 44BBB : Foreign companies – Civil construction – Presumptive taxation-Percentage completion method -Rejection of books account and assessment at presumptive rate of tax was held to be not justified [ S.44AA(2) ]

S. 44BB : Mineral Oils – Computation – Income deemed to accrue or arise in India- Royalties and fees for technical services -Specific provision is applicable and provision of S.44DA is not applicable- Article 12 of OECD Model Convention [ S.9(1)(vii), 44DA ]

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability -Benefit from Pre-payment of deferred Sales Tax Liability cannot be assessed u/s 41(1).

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Creditors were paid in subsequent years hence addition was held to be not justified .

S. 41(1) : Profits chargeable to tax – Remission or cessation of trading liability – Deferral sales tax Scheme -Premature payment in terms of net present value (NPV) of same cannot be assessed as remission or cessation of liability [ S.43B ]

S.40A(3):Amounts not deductible-Hotel and restaurant bills –Each payment is less than Rs 20,000/ hence disallowance was held to be not valid .

S. 40A(3) :Expenses or payments not deductible – Cash payments exceeding prescribed limits -Amount being small and genuineness of payment was not doubted no disallowance can be made .