S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Information, reservations, transaction processing and related services to airlines, travel agencies and other travel related entities by utilizing a CRS-Major part of business activities took place in USA-Tribunal is justified in holding that 15 per cent of assessee’s profit was to be attributed to India-DTAA-India-USA. [Art. 5(4)(a)]

S. 4 : Charge of income-tax-Subsidy from State Government-Incentive given to establish an industrial unit in a backward area-Capital receipt-No adjustment could be made to actual cost. [S. 32, 43(1)]

Kar Vivad Samadhan Scheme, 1998 (Finance (No. 2) Act, 1998 )
S. 88 : Settlement of tax payable – Determination of disputed tax – Total assessed tax to be reduced by taxes already paid (including any refunds issued by revenue and interest paid on those refunds). [S.87(e), 87(f) 88(a)(i) 90(1) Art. 226 ]

S. 154 : Rectification of mistake -Mistake apparent from the record – Limitation – Book – profit – Order giving effect to appellate order – Issue sought to be rectified not subject matter of appeal – Period of limitation will be reckoned from the date of original assessment order in respect of points not subjected to appellate jurisdiction- Oder passed in 2004 could not be rectified after a period of 4 years, impugned order passed under section 154 dated 29-3-2014 was barred by limitation . [ S. 32 , 115JB , 143(3) . 154(IA ) ]

S. 133A :Power of survey – Assessment – Residential premises – Portion of residence as office premises – Use of evidence is permissible – Survey at residential premises is held to be valid .[ Indian Evidence Act , 1872 , S. 65A, 65B]

S. 148A: Reassessment – Conducting inquiry, providing opportunity before issue of notice – Assessment year 2013 -14 – Six years expired on 31 st March , 2020 – Notice issued on 28 th July , 2022 – Notice issued beyond six years – Barred by limitation – Taxation and other laws ( Relaxation and Amendment of certain provisions , Act, 2020 (TOLA) has not applicable for the Assessment year 2013 -14 – Instructions are not binding on the assessee- Validity of notice must be judged on the basis of the law existing on the date on which such notice is issued – Notice and order was quashed as barred by limitation. [ S. 148, 148A(b), 148A(d) , 149 (1) , 151 ,151A, Limitation Act , 1963 , TOLA , S. 3(1), Art. 142 , 226 ]

S. 271(1)(c) : Penalty – Concealment -Disallowance of claim under section 54 of the Act – Levy of penalty is not justified . [ S. 54 ]

S. 271(1)(c) : Penalty – Concealment –Bogus purchases – Estimate of income -Ex -parte order – Penalty is deleted – Tribunal also observed that when the necessary facts and circumstances and material on the basis of which, the issue in the appeal has to be decided, are already on record, this Tribunal would be slow in directing such remand which may ultimately lead to multiplicity of proceedings . [ S. 250 ]

S. 11 : Property held for charitable purposes – Expenditure incurred for renovation of school building and payment of taxes – Allowable as application of income though the assessee is not owner of the building . [ S. 11(1)(a)

S. 153C : Assessment – Income of any other person – Search – Recording of satisfaction -Additional ground – Question of law admitted – Document Identification Number / Document Number (DIN/DN) – CBDT circular -Binding on the Assessing Officer – Not mentioned in the assessment order – Order is quashed and set aside. [ S. 119, 143(3), 254(1), 292B ]