S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment to Non-Resident telecommunication operators for provision of bandwidth and inter-connectivity usage-Not royalty-Not liable to deduct tax at source-Expansion of definition of royalty inserted later-Assessee cannot be expected to foresee future amendment at time of payment in earlier assessment years-Jurisdiction-No jurisdiction to tax income arising from extra-territorial source-Double Taxation Avoidance Agreement-Sovereign document between two countries-Applicable in Proceedings under Section 201 of the Act-DTAA-India-Belgium-SLP of Revenue is dismissed on account of delay of 222 days and also on merits.[S. 195, Art. 136]

S. 220 : Collection and recovery – Assessee deemed in default – Modes of recovery -Pendency of appeal before CIT(A)-Recovered more than 20 percent of demand – Revenue is directed to refund excess amount recovered from the bank .[ S. 226 , Art. 226 ]

S. 36(1)(iii) :Interest on borrowed capital – Advance of interest-free loans to its subsidiary – Commercial expediency – Sufficient interest-free funds – Order of Tribunal deleting the addition is affirmed – No substantial question of law .[ S.260A ]

S. 254(1) : Appellate Tribunal – Duties- Survey – Revised return – Barred by limitation- Deletion of addition- Matter remanded to the file of the Assessing Officer to assess original return of income .[ S.133A, 139 (5), 260A ]

S. 153C : Assessment – Income of any other person – Search – On money – Six assessment years – Date of search – Date of receipt of seized material – Relevant assessment year -Search was conducted prior to the Finance Act , 2017 – Search was conducted before the Finance Act , 2017 , power to assess block period of ten years could not be attracted in case of a search which had taken place prior to 1-4-2017- Satisfaction note for the asessee being a non -searched party in AY. 2018 -19 – Order passed is beyond permissible period of six years – Assessment order for the Assessment year 2011 -12 is quashed . [ S. 69A, 132 , 153A,]

S.87A:Rebate of income -tax in case of certain individuals – New tax regime – Tax on income of individuals and Hindu undivided family – Rebate u/s 87A is substantive right which cannot be deprived by procedural changes such as changes in the utility software made by the department – The Court has directed the CBDT to extend the date of filing of return of income of AY. 2024-25 from 31 st December 2024 at least up to 15 th January 2025 by forthwith issuing a notification u/ s 119 of the Income -tax Act , 1961 so that the assesses can file a belated /revised return and claim rebate u/s 87 A in such return – The PIL is listed for hearing on 9 th January 2025 . [S.115BAC, 119,139(1), 139(4) , Art. 226 ]

The Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015

S. 50 : Punishment for failure to furnish in return of income, any information about an asset (including financial interest in any entity)located outside India-Punishment for false statement in verification-Assets acquired prior to the coming into force of the Black Money Act-In the criminal petition, there was no challenge to the validity of S. 72(c)-Observations of the High Court in para 15 regarding application of Art. 20 of the Constitution of India are stayed till further order. [S.2(11), 2(12), 10, 52, 59, 72(C), IT Act, 131, Criminal Procedure Code, 1973, S.200, 256, Art.20]

S. 281B : Provisional attachment-Protect the interest of the Revenue-Properties are mortgaged-Working capital-Order is passed directing the Revenue to lift the attachment on bank account to enable the assessee to avail the working capital facilities etc. from the banks. [Art. 226]

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Reasonable cause-Paid tax with interest-Prosecution is quashed. [S. 278AA, Criminal Procedure Code, 1973, S 482]

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge-Order of Tribunal quashing the penalty is set aside and directed the Tribunal to decide on merits-Interpretation of statutes-Rule of literal construction. [S. 260A, 271(IB), Expln. 5A, 274]