S. 12AB : Procedure for fresh registration-Clause permitting buy-back of shares in Articles of Association-Matter remanded-Commissioner exceeded scope of enquiry by examining past claim of exemption under sections 11 and 12-Payments to specified persons-One more opportunity to explain-Matter remanded.[S. 11, 12, 13]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Non-resident-Reimbursement of travel agent and other expenses-No services rendered by assessee-Not Fees for Technical Services or Fees for Included Services-Marketing and Reservation Contribution-India-USA DTAA-Not Fees for Technical Services or Fees for Included Services-Not taxable in India-DTAA-India-USA.[Art. 12.]

S. 9(1)(i) : Income deemed to accrue or arise in India-Permanent Establishment-Liaison Office-India-Korea DTAA-Liaison Office not a Permanent Establishment-No income attributable to India-Non-resident-Offshore supplies-Divisible contracts-No business connection or Permanent Establishment in India-Receipts not taxable-Interest on delayed payments-India-Korea DTAA-Taxable under Article 12-Permanent Establishment not established.[S. 9(1),(v), Art. 5, 12]

S. 271D : Penalty-Takes or accepts any loan or deposit-Share application money received in cash-Not loan or deposit-Penalty deleted.[S.269SS]

S. 270A : Penalty-Under-reporting or misreporting of income-Excessive claim of interest expenditure-Mere disallowance on estimate-Not misrepresentation or suppression of facts-Penalty not leviable-Voluntary admission of income-Does not constitute under-reporting or misreporting-Penalty not leviable.[S.270A(9)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue Long-term capital gains-Reassessment completed after due enquiry-Principal Commissioner making no independent enquiry-Revision invalid-Purchase of immovable property wrongly treated as sale-Documentary evidence ignored-Revision invalid. [S.10(38), 45, 147]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Notice under section 143(2) not issued in prescribed format-Assessment invalid-Revision under section 263 without jurisdiction-CBDT Instruction F. No. 225/157/2017/ITA-II dated 23-6-2017.[S. 143(2), 143(3)]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Protective assessment-Substantive assessment confirmed in another person’s case-Revision not sustainable-Order passed without considering assessee’s submissions-Violation of principles of natural justice-Revision quashed.[S. 143(3)]

S. 250 : Appeal-Commissioner (Appeals)-Procedure-Cash credits-Additional evidence filed before Commissioner (Appeals) not considered-Remand report not called for-Matter restored for de novo assessment.[S.68, 69,R. 46A]

S. 153A : Assessment-Search-Undisclosed income-Construction and property development-On money-Seized diaries-Statement of senior sales manager-Extrapolation of receipt of on money-Addition was made on guesswork and surmises-Addition was deleted. [S. 131, 132, 133A]