S. 115A : Foreign companies-Tax-Dividends-Royalty-Technical services fees-Determination of tax in certain cases-New agreement and not extension of the licence and Technical Assistance agreement tax rate is 10.56% under section 115A instead of 20 % under the India-Italy DTAA-No substantial question of law. [S.9(1)(vi),260A, art. 12]

S. 92CA : Transfer pricing-Reference to Transfer Pricing Officer-Arm’s Length price-No interest was paid to creditor or supplier nor any interest has been earned from unrelated party-Deletion of addition by the Tribunal is affirmed-SLP of Revenue is dismissed.[Art. 136]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax-International transaction-AMP expenses in respect of products of AE-Comparables chosen by TPO had a net margin lower than that registered by assessee, no upward adjustment was required to be made. [S.92CA, 260A]

S. 92C : Transfer pricing-Arm’s length price-Avoidance of tax- International transaction-Transfer Pricing Officer is not empowered to hold transaction as sham transaction-The questions of law with respect to the powers and jurisdiction of Transfer Pricing Officer are kept open for being considered in an appropriate case. [S.92CA, Art. 136]

S. 90 :Double taxation relief-A notification under section 90(1) would be a mandatory condition to give effect to a DTAA, or any protocol changing its terms or conditions, which would have effect of altering existing provisions of law; for a party to claim benefit of a same treatment clause, based on entry of DTAA between India and another state which is member of OECD, relevant date would be entering into treaty with India and not a later date, when, after entering into DTAA with India, such country becomes an OECD member, in terms of India’s practice-OECD Model Convention-art, 24-Writ petition is dismissed. [ITR. 128, Art. 226]

S. 80IC : Special category states-Manufacture of books-Eligible for deduction-Order of Tribunal is affirmed. [S.260A]

S. 80IB(10 :Housing projects-Delay in audit-Order of Tribunal allowing the claim of the assessee is affirmed. [S.80AC, 139(1)]

S. 80HHC : Export business-Interest income-Failure to establish nexus with export business-Order of Tribunal denying the exemption is affirmed by High Court-SLP of assessee is dismissed. [Art. 136]

S. 80G : Donation-No specific time frame mandated for carrying out charitable activities under section 800G(vi) of the Act-Order of Tribunal directing the Commissioner to grant approval is affirmed by High Court-SLP of Revenue is dismissed.- Leaving question of law open.[S. 80G(vi), Art.136]