S. 22 : Income from house property-Business income-Income assessed as income from house property in prior assessment years-Business income for assessment years 2008-2009, 2009-2010 and 2010-2011-Not valid-Res judicata-Principle not applicable to Income-tax proceedings-Principles of consistency applicable. [S. 28(1), 260A]

S. 17(3) :Salary-Profits in lieu of salary-Ceasing employment-Dispute regarding equity shares issued to assessee while in employment-Amount received on settlement of dispute-Not assessable as profits in lieu of salary-Assessable as capital gains [S. 15, 16, 17(2), 45]

S.14A : Disallowance of expenditure-Exempt income–Amendment by Finance Act, 20221, inserting non obstante clause and Explanation in provision with effect from 1-4-2022-Not retrospective. [R.8D, 260A]

S. 12AA : Procedure for registration-Trust or institution-Finding of Tribunal that surplus funds utilised for the purpose of educational activities of the institution-Application for registration cannot be rejected. [S.260A]

S. 11 : Property held for charitable purposes-Audit report-Filed at the time of assessment-Denial of exemption is not valid-Circular No. 7 of 2018 dated December 20, 2018 ((2020) 420 ITR (St.) 389) issued under section 119 of the Act could not be, therefore said to have taken away the appellate remedy. [S. 11(2),12A, 119(2b),143(1), 260A,Rule 12 (2), Form No 10B]

S. 10B: Export-oriented undertakings-Export of computer software-Transmission of customised electronic data-Entitled to exemption.[S. 260A]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Distribution fee-Receipt on transfer of non-exclusive global rights for distribution of channel-Finding that assessee did not receive distribution fee in assessment year in question-Order of Tribunal not treating distribution fee as royalty is affirmed. [S. 260A]

S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Business income-Double taxation avoidance-Business profits-Branch offices are not separate personalities or juridical entities and that one person cannot thus profit from itself-DTAA-India-Japan ((1990) 182 ITR (St) 380).[S. 9(1)(v),28(i),Art. 7 (2), 7(3)]

S.4 : Charge of income-tax-Capital or revenue receipt-Relinquishment of trade mark user right and interest and termination of ice-cream manufacturing facilities under brand name Valuation of goodwill not done by Department at time of surrender-Re-determination of value of goodwill by Tribunal to avoid multiplicity of litigation-Tribunal valuing goodwill at 30 per cent. and balance on account of relinquishment of manufacturing rights Tribunal order based on appreciation of facts in right perspective-No substantial question of law. [S. 260A]

S. 12AA : Procedure for registration –Trust or institution- Finding of Tribunal that surplus funds utilised for the purpose of educational activities of the institution – Application for registration cannot be rejected. [ S.260A ]