S.54F : Capital gains-Investment in a residential house-Monthly tenancy-Owner entering into development agreement –Development of building-Two flats in new building is allotted to assessee and spouse-Market value as consideration-Relinquishment of tenancy rights in lieu of allotment of new flat-Entitle to exemption –Power of Tribunal-Death of the assessee during pendency of appeal-Tribunal has the power to decide the appeal on the relevant material [S. 45, 254(1), ITAT R.1963, R.26]

S. 43(1) : Actual cost-Depreciation-Amalgamation of Banks Amalgamating Bank Ceases To Exist-Tribunal Right In Allowing Depreciation On Assets Taken Over Pursuant To Amalgamation With Assessee [S. 32, 43(1), Explanation 7]

S. 37(1): Business expenditure-Capital or revenue-Lease premium paid at commencement of lease-Allowable proportionately as revenue expenditure over the lease period-Addition is deleted.

S. 35D : Amortisation of preliminary expenses-Only small amount as capital expenditure-Balance representing one-Fifth Of preliminary expenses is allowed. [S. 37(1)]

S. 32 : Depreciation-Rate of depreciation-Plant and machinery-Vacuum Cleaner, Water Dispenser and Epabx Machine-Not furniture and fittings-Eligible to depreciation at rate of 15 Per Cent. [S. 32 (1)(ii)(a), 32A]

S. 22 : Income from house property-Business income-Stock in trade-Deemed rent on unsold flats-Addition is not justified.[S.28(i)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent Establishment-Fees for technical services Tax resident of China-Indian subsidiary concluding contracts on behalf of assessee-Active involvement-Income attributable is taxable in India-Royalty-Income from software embedded in hardware equipment supplied to customers in India-Does not amount to royalty-Not taxable in India-DTAA-India-China [S. 5(2), 9(1)(i), Expln 2,9(1)(vi) Art.12]

S. 271B : Penalty-Failure to get accounts audited-Business of imparting tuition classes-Income is estimated-levy of penalty is affirmed. [S.44AA, 44AB 271A, 271AB]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Deemed to accrue or arise in India-Royalties/fees for technical services-Off-shore sales-Order is passed after detailed enquiry-Revision is quashed-DTAA-India-Singapore. [S. 9(1)(vii), 143(3) Art. 12]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Limited scrutiny-Purchase of residential property was entered by parties in AY 2008-09 even for consideration lower than market price, provisions of section 56(2)(vii)(b) would not be applicable as it came into existence from 1-10-2009-Revision order is quashed.[S. 56(2)(vii)(b)]