S. 10AA : Special economic zones-Service-Trading activity-Import of diamonds for re-export from SEZ Unit, same being trading activity falling within ambit of Service as per SEZ Rules-Entitled to deduction. [SEZ, Act, 2005, S. 51, Special Economic Zones Rules, 2006 R. 76]

S. 10(37) : Capital gains-Agricultural land-With in specified urban limits-Interest received on enhanced compensation-Eligible for exemption. [Land Acquisition Act, 1894, S.28 ]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Business profits-Royalty-Fees for technical services-Absence of permanent establishment-Technical services fees cannot be taxed in India-DTAA-India-Philippines. [S. 9(i)(i), Art . 7]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Master service agreement (MSA)-Information technology support-Payments for said services could not be assessed as fees for Technical services-DTAA-India-Netherland. [S. 9(1)(vii), Art. 12(4), 13]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Charges for web-hosting, cloud hosting and cloud space rentals being utilised for foreign business-Failure to deduct tax at source-Article 7 of the OECD Model Tax Convention-Matter remanded. [S. 9(1)(i), 9(1)(vi), 195]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Transfer of use or right to use computer-Software was inseparable part of imaging equipment’s/MRI machines sold, payment made to foreign AE on purchase of software would not be in nature of royalty-DTAA-India-Belgium. [Art. 12]

S. 9(1)(v) : Income deemed to accrue or arise in India-Interest-Commercial Convertible Debentures (CCDs)-Transfer pricing-Method of accounting-Interest income can be brought to tax only on satisfying twine conditions of accrual as well as actual receipt-DTAA-India-Mauritius. [S. 4 , 90, 92C, 145, Art, 11(1)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Supply of Microwave transmission equipment’s-Sister concern could not be assessed as Permanent Establishment or Agency PE-DTAA-India-Italy. [Art. 5]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Non-Resident-Contract for development of gas fields-Construction activity continued in India for a period of six months only-No Permanent Establishment in India-DTAA-India-Cyprus. [Art. 5(a)(g)]

S. 4 : Charge of income-tax-Hindu undivided family-Capital gain-Individual or HUF-Remanded for fresh decision. [S. 139(5)]