S. 11 : Property held for charitable purposes-Prima facie adjustments-Claim inadvertently made under Section 10(23C)-Failure to file mandatory form-Prima facie adjustment is proper-No action can be taken merely basis of Form 10B is filed in Appellate Proceedings-Direction of Commissioner (Appeals) to avail of remedy under Section 119 to file revised return is proper [S.11, 119, 143(1), 154, Form No 10B]

S. 11 : Property held for charitable purposes-Engaged in upliftment of poor, providing training and skill development of poor in rural areas in backward districts-Entitle to exemption. [S. 2(15)]

S. 11 : Property held for charitable purposes-Denial of exemption-Exemption denied due to personal benefit-Interest-free loans to trustees-Trustees using loans to acquire immovable properties-Expenditure disallowed as capital expense-Remand for fresh consideration for fresh consideration. [S. 12, 13(1)(c)(ii), 250]

S. 10(23FB) : Venture Capital Fund-Exemption-Income from Investment in Venture Capital Undertaking-Shares of entity not listed on a recognized stock exchange which carried on business activity in India-Not covered in the negative list —Dividend income is exempt. [S. 2(31), 10(35), Securities and Exchange Board of India (Venture Capital Fund) Regulation, 1996, regln. 2(n)]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Human resource screening services for clients in India-Reports provided to clients about candidates proposed to be hired not copyrightable but bound by confidentiality —Receipts is neither taxable as royalty nor as fees for technical services-DTAA-India-United Kingdom [S.9(1)(vi), Art.7, 13(4), Copyright Act, 1957 13(1), 14(a)]

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Income from providing worldwide marketing, advertising and other services-Services were provided from outside India-Income is in not fees for included services and is business income-Not taxable in India-DTAA-India-USA.[Art. 7, 12 (4)]

S. 9(1)(vii) :Income deemed to accrue or arise in India-Fees for technical services-Marketing contribution, priority club receipt and reservation contribution with Indian hotels for using trade marks and providing support programs and systems-Fees received from Indian Hotels is not royalty-Addition is deleted-DTAA-USA.[Art. 12(3)]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Reimbursement of expenses-Not fees for technical services-Living allowance-No employer and employee relation ship-Agency commission-Not liable to deduct tax at source-Article 12 of OECD Model Convention-Levy of interest is not barred by limitation. [S. 192, 194J 195, 201]

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Providing hotel related services to hotels worldwide-Revenue is not in nature of royalty or fees for technical services —No Permanent Establishment in India-Receipt is not taxable as business income-DTAA-India-USA,[S.9(1)(i), 9(1)(vii),, Art. 7, 12(4)]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Licensed software-Software packages like office 365, etc.-Amount paid to any use or right to use any copy right-Merely because tax was deducted at source u/s. 195 would not make payment liable to be taxed as royalty.[S.9(1)(vi), Expln 2(iva), 195]