S. 40(a)(ii) : Amounts not deductible – Rates or tax – Tax paid abroad – State (local) taxes paid by assessee in countries having DTAA with India which are not eligible for relief under s. 90 or 91 do not attract disallowance under s. 40(a)(ii)- Matter remanded to the Assessing Officer for verification – Commission payment outside India – Not liable to deduct tax at source – Purchase pf software – Matter remanded . [ S. 2(43 ), 9 (1) (vii) 37 (1), 40 (a(ii), 90, 91, 195 ]

S. 32 : Depreciation – Water treatment chemicals, industrial additives- Installation at customers site at free of cost – Disallowance is held to be allowable – Conveyance reimbursement – 5% of disallowance is held to be reasonable [ S.37 (1)]

S. 28(i) : Business loss – Losses incurred on surrender of NLD licence – Allowable as business loss [ S. 35ABB(2) , 37 (1) ]

S. 12AA : Procedure for registration –Trust or institution- Refusal of registration was set aside – Matter remanded to CIT ( E) to decide accordance with law [ S.2(15), 12A ]

S. 11 : Property held for charitable purposes – Registration granted prior to the initiation of reassessment proceedings – Exemption cannot be denied [ S.12A, 147 , 148 ]

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Subscription revenue received by the assessee to be in the nature of royalty and bringing it to tax in India.-DTAA -India -UK [ S.90 , 115A, Art , 13 (6) ]

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Providing support services – Taxable at the rate of 20% on gross basis – DTAA-India -USA [ S.9 (1)(vii) ,44AD, 115A, 195 ( 2), Art, 12 ]

Kar Vivad Samadhan Scheme ,1998

S. 90 : Tax arrear – Since the revenue had appropriated the amount against tax liability for the Assessment year 1987 -88 computation / calculation of penalty and interest for the said assessment year in certificate of intimation dated 26 -2 -1999 was not justified [ Art . 226 ]

S. 271(1)(c) : Penalty – Concealment –Capital gains – Year of taxability – Offered on the basis of consideration received – In response to notice u/s 148 the entire consideration was offered and accepted – levy of penalty is held to be not justified for furnishing in accurate particulars of income [ S.45 , 147 ,148 ]

S. 271(1)(c) : Penalty – Concealment –Capital gains – Year of taxability – Offered on the basis of consideration received – In response to notice u/s 148 the entire consideration was offered and accepted – levy of penalty is held to be not justified for furnishing in accurate particulars of income [ S.45 , 147 ,148 ]