S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent Establishment-Portion of income reasonably attributable to operations in India-Question of fact-Tribunal attributing 15 Per Cent. of total revenues as income accruing or arising in India on basis of functions performed, assets used and risks-Commission paid to distribution agents more than twice this amount and taxed-No further income taxable in India-DTAA-India-USA. [S. 9(1)(i ),n Explanation 1(a), Art. 7]

S. 4 : Charge of income-tax-Interest-Short term deposits-Funds placed with banks during period of construction of project-Interest earned is capital in nature. [S. 28(i), 145, 260A]

S. 4 : Charge of income-tax-Capital or revenue-Sales tax exemption-Scheme requiring recipient of benefit to utilise substantial portion of subsidy for capital purposes-Capital receipt. [S. 28(i)]

S. 24 : Notice and attachment of property involved in benami transaction–Benami Property-Provisional Attachment-Show cause notice-Writ petition against show cause notice is dismissed-Directed to file the reply-Time to file reply is extended by a period of two weeks. [S. 24(1), Art. 226]

S. 24 : Notice and attachment of property involved in benami transaction–Benami Property-Provisional Attachment-Sufficient material-The Assessee was advised to approach the adjudicating officer to explain why the provisional attachment order is bad in law. [S. 24(1), Art. 226]

S. 24(1) : Benami transactions-Transactions prior to amendment in 2016-Notices, orders for provisional attachment and adjudicating orders are set aside-Oder of High Court affirmed. [S. 4(a)(i) 26(3) Art. 136]

S. 2(9) : Benami Transactions-Prohibition of benami transactions-Prohibition of right to recover property held benami-Co-owner-25 percent share in suit property. [S. 3.(2), The Civil Procedure Code 1908, Order VII Rule 11 Criminal Procedure Code, 1973, S. 340]

S. 2(9) : Benami transaction-Amendment of Act in 2016 Provisions are substantive-Not applicable with retrospective effect-Every litigant has a vested right in substantive law, but no such right exists in procedural law-Interpretation of taxing statutes-Rule against retrospectivity-Transactions prior to amendment in 2016-Notices, orders for provisional attachment and adjudicating orders are set aside-Oder of High Court affirmed. [S. 2(9)(A) (2(9)(C), 4(a)(i), 24(3) 26(3), Art. Art.20 136]

Interpretation of Taxing statute-Binding precedent-Decision rendered following earlier decision – Subsequent overruling of earlier decision does not revive judgment passed earlier.

Income Declaration Scheme, 2016-Finnace Act, 2016 (2016) 384 ITR 87 (St)
S. 184 : Charge of tax and surcharge-Advance tax-Payment of tax-Credit for advance tax-Credit for advance tax must be given-Directed the respondents to issue certificate as required by Rule 4(5)-Notice issued in SLP filed by the Revenue.. [S. 183, 185 ITACT, S.199, 219 Art. 226]