S. 11 : Property held for charitable purposes-Audit report in Form No 10B was filed after expiry of time allowed under section 139(1)-Not filed any application for condonation of delay-Denial of exemption is justified. [S. 12A, 13(2(c), 13(3), 139(1), Form No 1OB]

S. 11 : Property held for charitable purposes-Surveys and research into readership of various media-Receipts crossed limit of Rs 10 lakhs-Activities of publishing could be characterized as in nature of trade, commerce or business for consideration-Matter remanded. [S. 2(15), 12A]

S. 10 (23C): Educational institution-Unregistered charitable and religious institutions-Non granting of registration-Income is required to be computed by applying normal provisions of Act as AOP-Net income only is required to be taxed-Matter remanded.[S.28(i)]

S. 10(23C) : Educational institution-Denied exemption under section 11 due to lack of registration under section 12A/12AA-Matter is remanded to Commissioner (Appeals) for fresh adjudication. [S. 10(23C)(iiiad), 11, 12A, 12AA]

S. 10(10D) : Life insurance policy-Keyman insurance policy-If Keyman Insurance policy was transferred before its maturity then it would lose its character and thus sums received on surrender of such insurance policy would be eligible for exemption under section 10(10D) and it could not be taxed under section 28(vi).[S. 2(14),28(vi)]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees for technical services-Sale of software-Wrongly offered as income in the return-Return was not revised-Not chargeable to tax-Matter remanded to the file of Assessing Officer to verify the facts-DTAA-India-UK [S.9(1)(vii), 139(5), Art. 13]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent Establishment-Interest on income tax refund-Not effectively connected with PE either on basis of asset-test or activity-test-It has to be taxed under article 12 of India-France DTAA at 10 percent and not as business income-DTAA-India-France. [Art. 7, 12, 15]

S. 4 : Charge of income-tax-Grant-Electricity grants received by assessee from State Government under Industrial Policy, 2005 for setting up a project for manufacturing of paints is capital in nature.

S. 4 : Charge of income-tax-Subsidy-Capital or revenue-Subsidy received by assessee from State Government under Package Scheme of Incentives, 2007 to encourage setting up of industries in less developed areas of State and not for purpose of running business more profitably is capital in nature.[S.28(i)]

S. 4 : Charge of income-tax-Capital or revenue-Premature payment of deferred sales tax at present value of certain amount against total liability and credited balance amount to its capital reserve account-Amount credited amount is a capital receipt. [S. 28(i)