S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Transfer of use or right to use computer-Software was inseparable part of imaging equipment’s/MRI machines sold, payment made to foreign AE on purchase of software would not be in nature of royalty-DTAA-India-Belgium. [Art. 12]
S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Commercial Convertible Debentures (CCDs)-Transfer pricing-Method of accounting-Interest income can be brought to tax only on satisfying twine conditions of accrual as well as actual receipt-DTAA-India-Mauritius. [S. 4 , 90, 92C, 145, Art, 11(1)]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Supply of Microwave transmission equipment’s-Sister concern could not be assessed as Permanent Establishment or Agency PE-DTAA-India-Italy. [Art. 5]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Non-Resident-Contract for development of gas fields-Construction activity continued in India for a period of six months only-No Permanent Establishment in India-DTAA-India-Cyprus. [Art. 5(a)(g)]
S. 4 : Charge of income-tax-Hindu undivided family-Capital gain-Individual or HUF-Remanded for fresh decision. [S. 139(5)]
S. 10AA : Special economic zones – Approval – Medallion – Manufacture of gold jewellery – Entitle for exemption .
S. 10A : Free trade zone – Splitting up or reconstruction – Three units at different locations – Approval from Authority of Software Technology Park of India ( STPI) -Entitle to deduction .
S. 10A : Free trade zone – Splitting up or reconstruction – Purchase of new computers -Not owning the land – Site development of software programme – Eligible exemption.
S. 194J : Deduction at source – Fees for professional or technical services -Provision of third party administrator services to insured — Service providers have to deduct tax from payments made to Hospitals – Circular No. 8 Of 2009, dated 24-11-2009 (2009) 319 ITR (St.) 22) is not valid to extent it provides for penalty for infraction of Section 194J [ S.119(1), 271C , 273B, Art . 226 ]
S. 245D : Settlement Commission – Offer of small portion of disputed amount voluntarily — Justified in accepting the offer .[ S.245D(4), Art, 226 ]