S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-No conflict between provision of DTAA between India and Netherlands-Non-discrimination and there was no ambiguity in classification and rates of tax, assessee, which is not a ‘domestic company’, is liable to tax at rates prescribed for a company ‘other than a domestic company’-DTAA-India-Netherlands. [S. 2(17), 2(23A), 90, Art. 24(2)]
Direct Tax Vivad Se Vishwas Act, 2020
S.4: Filing of declaration and particulars to be furnished – Amount payable by declarant – Eligible assessee- Pendency of appeal – Rejection of declaration- Appeal filed by the assessee in the year 2015 was not pending as on 31st Jan., 2020—Order passed by the Tribunal recalling the order – Appeal of the assessee has to be considered as pending as on 31st Jan., 2020 which is the specified date as per the VSV Act— Order of rejection is quashed . [S. 3 , 5(2), ITAct , S. 254(1), Art. 226 ]
S. 271B :Penalty-Failure to get accounts audited-Running a milk booth for distribution of products of Mother Dairy and Vegetables Pvt Ltd-Commission income-Bona fide belief-Penalty is not leviable. [S.44AB, 273B]
S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Undisclosed Income-Surrender of income-Specific charge-Burden of proof to establish there was undisclosed income is on Assessing Officer-Penalty is deleted.[S. 132, 132(4)]
S. 271(1)(c) : Penalty-Concealment-Depreciation on Biometric devices at 60 Per Cent. Computer block-Assessing Officer allowing depreciation at 15 Per Cent-Penalty is deleted. [S. 2(11), 32]
S. 271(1)(c) : Penalty-Concealment-Notice not specifying the charge of proceedings initiated-Penalty is bad in law.[S. 274]
S. 270A:Penalty for under-reporting and misreporting of income-Mens rea must be present-Mere additions penalty cannot be imposed. [S. 40A(3), 270A(9)(d), 270AA
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Death of assessee-Commissioner was intimated of death of assessee-Order passed in the name of dead person-Order is bad in law-Additional ground is admitted.[S. 254(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Business promotion expenses-Freebies-Change of opinion–Cannot revise the order where the Assessing Officer has conducted enquiry and allowed expenses. [S. 37(1)]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Income from other sources-Share valuation-Issue of right shares-Deeming provision-Revision on ground unsecured loans not included in valuation-Revision order is set aside. [S 56(2)(viib, R.11UA)