S. 80DD: Medical treatment of dependent – Observations – Disability – Jeevan Aadhar – Amount of annuity under the policy is to be released only after the death of the person assured – Purpose is to secure the future of the person suffering from disability, after the death of the parent/guardian – Provision is valid in law – Considering the several difficult situations where the handicapped person may need the payment on annuity or lumpsum basis even during the life time of their parents/guardians, it is for the legislature to take care of theses aspects and to provide suitable provision by making necessary amendments in S.80DD. [Constitution of India Art. 14, 32]

S.32 : Depreciation – Prior to 1.4.1999 – Intangible assets – Acquisition of trademarks, copyright and know-how of erstwhile firm – Held, intellectual property rights such as trademarks, copyrights and know-how constitute “plant” for purposes of depreciation – The department is not entitled to rewrite the terms of a commercial agreement. [S. 35A, 35AB, 43(3)]

S. 271AAB:Peanlty -Search initiated on or after Ist day of July 2012- Surrender of income – Recording of specific charge is mandatory – Penalty levied was quashed . [ S.153A ]

S. 271(1)(c) : Penalty – Concealment – Loan against property -Interest capitalized – Inadvertently claimed in the return as deduction – Levy of penalty is not valid .

S. 271(1)(c) : Penalty – Concealment – Not specifying a specific charge – Levy of penalty is not valid .[ S.69B]

S. 271(1)(c) : Penalty – Concealment – Recording of satisfaction-Failure to state specific charge of penalty —Penalty deleted . [ S.274 ]

S.271(1) ( c): Penalty — Concealment of income —Addition on basis of which penalty levied was deleted – Penalty will not survive .

S. 271(1)(c) : Penalty – Concealment – Gratuity and exhibition expenses – Genuineness of expenses not doubted -Failure to deduct tax at source- Levy of penalty is held to be not justified .

S. 263 : Commissioner – Revision of orders prejudicial to revenue –
Interest on Arbitration Award reduced while computing taxable income — Offering income in the year of receipts – Revision is held to be not valid [ S.4, 145 ]

S. 254(2A): Appellate Tribunal –Stay- No case made out for stay of demand – Irreparable loss and financial difficulties — Stay petition dismissed [ S.254(1)]