S. 11 : Property held for charitable purposes-Accumulation of income-15 per cent accumulation for application in future has to be calculated on gross receipt and not on net receipt after deduction of revenue expenditure-suo motu observation of the CIT (A) that assessee trust’s activities were not covered under section 2(15) was per se bad-Application of income-Donation to charitable organisation-Held to be application of income. [S. 2(15), 12A]

S. 11 : Property held for charitable purposes-Excess spending Deficit or shortfall could be allowed to be carried forward in full for set off against incomes generated in subsequent years. [S. 11(1)(a)]

S. 10A : Free trade zone-Charges/expenses relating to telecommunication, insurance charges and foreign exchange loss should be excluded both from export turnover and total turnover while computing deduction.

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Matter remanded-DTAA-India-Singapore. [Art. 12]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Patent Attorney in India-Services of Foreign Attorney-Patent registration outside India-Held to be consultancy and technical services-Liable to deduct tax at source-Matter remanded to the file of CIT (A) to consider applicability of DTAA of respective countries-OECD Model Tax Convention-Art 12. [S. 195]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of software-Not assessable as royalty-DTAA-India-Ireland. [Art. 12]

S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Foreign Institutional Investor-Foreign currency loans and debt securities-Exempt from tax-DTAA-India-Mauritius. [Art. 11(3)(c)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Sole distributor of cars in India-Principal-to-Principal basis-DTAA-India-German. [Art. 5]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Independent personal services-Two foreign scientists for Independent scientific services-No fixed PE in India nor had they stayed in India for 183 days or more-Not liable to deduct tax at source-DTAA-India-Switzerland. [Art. 12(5) (b), 14, 15]

S. 5 : Scope of total income-Real estate business-Income which has not accrued cannot be taxed-Addition was deleted. [S. 145]