S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Company providing advisory and consultancy services infield of real estate -Not having permanent establishment in India — Receipts not taxable as business income- DTAA- India- United Kingdom [ Art. 7, 13 ]
S. 9(1)(i): Income deemed to accrue or arise in India – Business connection -British Virgin Islands by company registered in Jersey — Value of shares transferred in India less than 50 Per Cent. — Income from transfer of shares not subject to tax in India -Foreign company- Minimum alternate tax – Companies not required Registration in India – Not liable to minimum alternative tax. [ S. 115JB ]
S. 254(1) : Appellate Tribunal- Powers-Conditional remand without reasons – Held to be not proper – Power of Assessing Officer cannot be curtailed [ S. 14A, 143 (3) ]
S. 281B : Provisional attachment -Debatable issue – Quantum of tax being high cannot be ground for attachment — Order unsustainable [ S.28 (ii)(a),28(iv), 246A, Art , 226 ]
S. 143(3) : Assessment – No violation of principle of natural justice – Alternative remedy is available – Writ is held to be not maintainable [ S.156 , 281B, Art , 226 ]
S. 263 : Commissioner – Revision of orders prejudicial to revenue – Scope of Explanation 2(a) – Mere lack of necessary enquiries cannot lead to revision- Reassessment is held to be bad in law . [ S.11, 12, 13 ]
S. 253 : Appellate Tribunal – Power to condone delay – delay of 654 condoned. [ S. 253 (5), 254 (1)]
S. 194C: Deduction at source – Contractors – Payments for maintenance charges – No failure to deduct tax.[ S.194I , 201(1), 201( 1A)]
S. 153C : Assessment – Income of any other person – Search and seizure – Disallowance of expenses – the scope of making assessment of total income in an unabated assessment proceedings is limited – can be only of income that is not disclosed and which is detected or which emanates from material found in search of some other person and which relate to the Assessee. [ S.132 ]
S. 153A : Assessment – Search or requisition – The scope of making assessment of total is limited – Can be only of income that is not disclosed and which is detected or which emanates from material found in search.[ S.132 ]