S. 147 : Reassessment – Long-term capital gains – Addition on issue forming reasons for reopening deleted by CIT(A) – Reassessment held invalid.[S. 68, 69, 10(38), Expl. 3 to S. 147, 148 , 255(4)]

S. 250 : Appeal – Commissioner (Appeals) – Procedure – Second order passed in same appeal – Faceless regime – Cost of Rs .10,000 was imposed on Department.[ ITAT Rules, 1963, R. 32A(2) ]

S. 68 : Cash credits – Long term capital gain – Penny stock – Sale of shares – Turbo Tech Engineering Ltd – Kappac Pharma Ltd – Acquired at Rs 12 and sold at Rs 720 per share – Abnormal price rise – General investigation report – Cash purchase and late dematerialisation – No cogent evidence of genuine transaction – Addition upheld. [S. 10(38), 115BBE, 131, 133(6) ]

S. 56 : Income from other sources – Share premium – Valuation under DCF method – AO cannot substitute or reject valuation done by a prescribed valuer without authority – Projection variations with actuals cannot be a ground to disregard valuation – Deletion of addition justified. [S. 56(2)(viib), 11UA(2)(b) ]

S. 32 : Depreciation – Intangible asset – Non-refundable deposit for rights to operate and manage hospital – Eligible for depreciation – Depreciation allowed in earlier years cannot be denied in subsequent years.[ S. 32(1)((ii) ]

S. 245R: Advance rulings – Non-resident – Entitlement to benefits under DTAA – Transfer of shares – Capital gains – Transfer of shares in a foreign company by one non-resident to another – Treaty shopping – Lifting the corporate veil – Department must establish treaty abuse – Share transaction grandfathered under Article 13(3A) – Order of AAR holding transaction as tax avoidance arbitrary and illegal – Assessee entitled to DTAA benefit – SLP filed by Revenue – Operation of order stayed – DTAA – India–Mauritius [S. 45, 90, 119, 245R(2), Arts. 13(3), 13(3A), 27A]

S. 197: Deduction at source – Certificate for lower rate – Income deemed to accrue or arise in India – Business connection – Business profits – Assessing Officer required to take assessee’s expenses into account in determining rate of withholding tax – Matter remanded – OECD Model Convention – Art. 7 [S. 9(1)(i), Art. 226]

S. 147: Reassessment – Survey – Income deemed to accrue or arise in India – Business connection – Permanent Establishment – Fixed place PE – Foreign company – Recorded reasons for belief that income had escaped assessment did not refer to facts specific to the relevant assessment years – Reassessment notice and order disposing of objections quashed – DTAA – India–Finland [S. 9(1)(i), 133A(2A), 143(3), 148, Art. 226]

S. 90: Double taxation relief – SLP dismissed against High Court order holding that a notification under section 90(1) is mandatory to give effect to a DTAA, or any protocol altering its terms, which would have the effect of changing existing provisions of law – OECD Model Convention – Art. 24 [Art. 136]

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Permanent Establishment – Service PE – Seconded employees in India – Objective of facilitating activities of Indian subsidiary – Employees would not meet qualifying benchmarks of a PE – Order of Tribunal deleting the addition affirmed – DTAA – India–South Korea [S. 260A, Art. 5]