S. 69C : Unexplained expenditure-Bogus purchases-Accommodation entries-Business of import and export and trading of diamonds-Information from Investigation Wing-Tribunal restricting disallowance to six per cent. based on assessee’s turnover and net profit justified-No question of law arose.[S. 147, 260A]

S. 68 : Cash credits-Trading in shares-Claim of long-term capital gains-Shares of company suspended by stock exchange Cannot be reason to make additions in absence of any material to suggest that purchase and sale of such shares were bogus-Deletion of addition by the Tribunal is affirmed. [S. 10(38), 45, 260A]

S. 43D : Public financial institutions-State financial corporation Interest on bad debts-Mercantile system of accounting-Cash basis-Interest of bad debts on cash basis-Order of Tribunal affirmed. [S. 145, Income-tax Rules, 1962, R. 6EA.]

S. 11 : Property held for charitable purposes-Organising cultural event-Income from ticket sales by organising dance events and food stalls-Not business activity-Denial of exemption was not justified.[S. 2(15), 12, 13(8), 260A.]

S. 11 : Property held for charitable purposes-Organising cultural event-Income from ticket sales by organising dance events and food stalls-Not business activity-Denial of exemption was not justified-SLP of revenue dismissed.[S. 2(15), 12, 13(8), Art. 136]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Non-resident-Use of equipment-Right to use-Source code of licensed software not provided to customers who had no right to exploit assessee’s intellectual property rights-Receipts not royalty or fees for included services-DTAA-India-United States of America [S. 144C(13) 147, Art. 12(3), 12(4)(b)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Non-resident-Permanent establishment-Disposal test-Fixed place PE-High Court correct in concluding that assessee’s ability to enforce compliance, oversee operations, and derive profit-linked fees from hotel’s earnings demonstrated clear and continuous commercial nexus and control with hotel’s core functions which satisfied conditions necessary for constitution of fixed place permanent establishment Income received under strategic oversight services agreement attributable to such permanent establishment and taxable in India-DTAA-India-United Arab Emirates (1994) 205 ITR 49 (St). [S. 9(1)(iv), 9(1)(vi), 9(1)(vii), Art. 4, 5(1), 12]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Search and seizure-Settlement commission-Cash during election expenditure monitoring-Undisclosed income-Admitting in sworn statement that seized cash was undisclosed income of assessment year 2016-2017-Prosecution initiated-Application filed by assessee before Settlement Commission for assessment year 2016-2017 after initiation of prosecution-Question of fact to be proved at trial-Settlement for different assessment years not ground for quashing criminal proceedings-Authorisation-Commissioner Definition Principal Director competent authority to authorise Deputy Director (Investigation) for initiation of prosecution. [S. 2(16), 132(4). 245C, 276C(1), Criminal Procedure Code, 1973, S. 482.]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Penalty waived-Circular of Board and prosecution manual of Department providing for prosecution only in cases where penalty exceeding Rs. 50,000 imposed-Circular binding on revenue-Circulars dated 24-4-2008 and 9-9-20191-Circular binding on revenue-Settlement Commission granting immunity-continuation of prosecution an abuse of process of law-Strictures-Costs of Rs. 2,00,000 was awarded against the Department, payable to the appellant. [S. 119, 245H, 245I, 279(IA), Art. 226]

S. 275 : Penalty-Bar of limitation-Cash transactions-Date for reckoning period of limitation proceeding based on reference by Assessing Officer Show-cause notice-Held, limitation to be reckoned from date of reference and not from date of issuance of notice by competent authority-Penalty order barred by limitation-Interpretation of taxing statutes Purposive interpretation-Absence of condonation provision to imply strict adherence to prescribed period-Courts cannot expand statutory timelines-Circular No. 9/DV/2016 dated April 26, 2016 ((2016) 383 ITR (St.) 21) [S. 269SS, 271D, 275(1)(c)]