S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Amount received by assessee from Indian customers on account of sale of software solutions could not be treated as royalty-DTAA-India-USA. [Art. 12]
S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Amount received by assessee from Indian customers on account of sale of software solutions could not be treated as royalty-DTAA-India-USA. [Art. 12]
S. 5 : Scope of total income-Non-resident employee of an Indian company-Income from employment-Foreign assignment allowances for services rendered in Indonesia-Services were rendered outside India-Allowances were not taxable in India-DTAA-India-Indonesia [S. 5(2)(b), 9(1)(i), Art. 15]
S:68: Cash credits – Unexplained Credit – Conversion of Company to LLP – Capital Account – Accumulated Profits –Capital gains – Mere accounting entry, without actual monetary benefit to the partners, does not constitute payment for alleged Violation of Section 47(xiiib)(f) – Book Entry – No Actual Payment – Burden on AO – Addition is deleted .[ S.45 , 47(xxib)(f), 115BBE , Limited Liability Partnership Act , 2008 , S. 56, 57 ]
S. 69A: Unexplained Investments – Unexplained Money – Demonetization- –Deposit of cash – Business receipts – Recorded in Books –Acceptance of Specified Bank Notes ( SBNs) prior to 31.12.2016 is not illegal – Addition is deleted.
S. 153A: Assessment – Search – Alleged transfer of Development rights – Reassessment based on seized ledger account and third-party statement – No independent inquiry conducted by the AO – No evidence to link the assessee to the transaction – Addition is deleted . [S. 131, 147, 148, 153A, 153C]
S.148: Reassessment – Notice – Issued notice without disposing of assessee’s objections – Breach of principle of natural justice – Reassessment order was quashed .[S. 147, 153A ]
Direct Tax Vivad Se Vishwas Scheme, 2024
S.2(1)(a): Appellant-time for filing appeal has not expired-[S.91, Art. 226]
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Directions of Principal Commissioner, Assessing Officer passed a fresh order-Appeal against fresh assessment order is pending-Order challenging the Revision order is set aside. [S. 143(3), 260A]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record-Binding precedent-Decision of High Court is binding on all Income-Tax Authorities under its jurisdiction-Set off of business loss-Failure to follow the order of the Tribunal which is affirmed by the High Court-Mistake apparent on record-Order of the Tribunal is set aside. [S.28(i), 56, 254(1), Art. 226]
S. 254(1) : Appellate Tribunal-Powers-Commissioner (Appeals) did not adjudicate issue on merits-Settlement Commission-Pendency of application-abated-Tribunal condoned the delay and remanded matter back to Commissioner (Appeals) for fresh consideration-Order of Tribunal is affirmed. [S.133A, 245C, 245D, 245F(2), Art. 226]