S. 10 (23C): Educational institution-Two educational institutions-Each educational institution had earned gross receipts of less than Rs. 1 crore from each school-Income is exempted from tax as per provisions of section 10(23C)(iiiad) of the Act.[S. 10(23C)(iiiad)]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-IT support services, maintenance services, etc. to Indian sister concern-Services did not make available technical knowledge, experience, skills, etc.-Not taxable in India-DTAA-India–USA. [S. 9(1)(viib), Art. 12(4)]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Fabrication charges-From its Indian AE for manufacturing glass-Not fees for technical services-DTAA-India-Singapore [Art. 12(4)]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Singapore based company-Business of providing/sub-licensing software and earned revenue from maintenance services and training services provided to its Indian customers-Income of assessee from rendering said services would not fall within ambit of FTS and was not taxable in India-DTAA-India-Singapore. [S. 9(1)(vi), Art. 12]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Subscription revenue from Indian customers for providing access to online chemistry databases and from sale of online journals-Not assessable as royalty-DTAA-India-USA [S. 9(1)(vii), 147, 148, Art. 12(3)]

S. 9(1)(iv) : Income deemed to accrue or arise in India – Dividend by Indian company -Domestic company paying dividend distribution tax, only then, domestic company can claim benefit of DTAA, if any- Claim for first time before DRP – Claim cannot be rejected – DTAA -India – UK. [S.115O, 144C, Art. 11]

S. 2(14)(iii) : Capital asset-Agricultural land- Distance between municipal limit and agricultural land was to be measured having regard to shortest road distance and not aerial distance- Agricultural land was situated beyond 8 kilometers of municipal limit- Not capital asset eligible for exemption- land sold was not a capital asset under section 2(14), provisions of section 50C would not apply.[S.2(14)(iiib) 45, 50C]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice- Faceless regime – Jurisdiction of JAO – Notice after three years-Sanction of Specified Authority-Approval to be obtained from Principal Chief Commissioner-Approval from Principal Commissioner-Sanction is invalid-Order and consequent notice is invalid S. 148 – SLP of revenue was dismissed for failure to explain the delay and also on merits . [S. 147, 148A(b) 148A(d) 151(i), 151(ii) 151A, Art. 136 ]

S. 147 : Reassessment – Validity of notices issued under old regime after 01.04.2021 – Limitation and sanction under new regime- Considering the surviving time available – limitation under S.149 had expired or sanction under S.151 of appropriate authority was lacking, the reassessment notices were invalid. [S. 148, 148A, 149, 151, Art. 226 ]

S. 68 : Cash credits – Penny Stock – Loss – Bogus claim of loss on trading of shares – Principles of natural justice – Tribunal erred in relying on coordinate bench decision without examining facts – Organized tax evasion -Exception to CBDT Circular No. 5 of 2024 dt .15 -3 -2024, para 3.1 (h) (2024) 462 ITR 273 (St), applies- Monitory limits is not applicable – Order of the Tribunal was set aside – Substantial question of law was answered in favour of revenue . [S. 143(2), 142(1), 143(3), 254(1) 260A, 268A ]