S. 37(1) : Business expenditure-Amount paid to retiring partner as per the provision in partnership deed-Diversion of income at source by overriding title-Allowable as deduction-Availed 2020-SLP of Revenue is dismissed as infructuous.[S. 4, Art. 136]
S. 32 : Depreciation-Goodwill created as a result of Amalgamation-Intangible asset-Order of Tribunal allowing the depreciation is affirmed. [S.47, 49(1)(e), 55(2)]
S. 32 : Depreciation-Brand name-Intangible assets-Commercial rights-Depreciation is allowable. [S.32 (1)(ii)]
S. 14A : Disallowance of expenditure-Exempt income-Mixed funds-Rule 8 would be attracted automatically is not correct-Disallowance cannot exceed exempt income.[R.8D]
S. 14A : Disallowance of expenditure-Exempt income-Not recording of satisfaction-Not examined the shared accounts-Order of Tribunal deleting the addition is affirmed.[R.8D, 260A]
S. 12AA : Procedure for registration-Trust or institution-Preservation of environment-Control of Irrigation Department of State Government-Registration was allowed-Order of High Court affirmed.[S. 2(15)]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fess for technical services-Computer software-Non-resident computer software manufacturers/suppliers-, Consideration for resale/use of computer software through EULAs/distribution agreement-Not payment of royalty for use of copyright in computer software-Not taxable in India-DTAA-India-Netherland-Appeal of Revenue is dismissed. [S. 9(1)(vii), 260A, Art. 12]
S. 153A : Assessment – Search – Non -abated assessment – No incriminating material is found – Order of High Court is affirmed – SLP of Revenue is dismissed . [ S. 132 , Art. 136 ]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fess for technical services-Computer software-Non-resident computer software manufacturers/suppliers-, Consideration for resale/use of computer software through EULAs/distribution agreement-Not payment of royalty for use of copyright in computer software-Not taxable in India-DTAA-India-Netherland-SLP of Revenue is dismissed.[S. 9(1)(vii) Art. 12, Art. 136]
S. 9(1)(iv) : Income deemed to accrue or arise in India-Dividend from JV registered as company under Omani Laws-Tax credit-Method of Eliminating of Double Taxation-Exempt from tax-DTAA-India-Oman [S. 90, 263, Art. 8(bis, 11, 25,]