S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent establishment-Reinsurance services to its Indian clients and earned reinsurance commission-Indian subsidiary would not be assessee’s fixed place PE in India-Business profits earned by assessee on account of reinsurance business would have no tax implications in India-DTAA-India-Ireland [Art. 5]

S. 4 : Charge of income-tax-Compulsory acquisition of non-agricultural land-Business income-Compensation is not taxable. [S. 28(i), Land Acquisition Act, 1894, S. 11, Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 [RFCTLARR Act, S 24, 96]

S. 65(12): Taxable services-Banking and other financial services-Issuance of corporate guarantee to a group company without consideration-Not received any consideration-Appeal of Revenue is dismissed.[S. 65B(14), Art. 136]

S. 271D : Penalty-Takes or accepts any loan or deposit-No satisfaction is recorded-Matter is remanded back to the file of Assessing Officer to pass fresh order in accordance with law. [S. 269SS, Art. 226]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-limited scrutiny-Optionally convertible cumulative preference shares at premium-Circulars would not be applicable vis-a-vis power under section 263-Discretion exercised by Commissioner under section 263 could not be restricted vis-a-vis limited scrutiny under CASS-Tribunal’s order needed to be re-examined as Tribunal either had substituted or expanded reasoning of Commissioner, thus, matter was to be remitted to Tribunal for reconsideration afresh. [S. 56(2)(viib), 68, 260A, Rule 11UA]

S. 249 : Appeal-Commissioner (Appeals)-Form of appeal and limitation-e-filing of appeal-Appeal filed manually-CIT(A) is directed to hear the appeal on merits-Order of single judge is affirmed-Whether the question as to whether R. 45 of the IT Rules must be treated as mandatory or directory, is left open. [S. 246A, R. 45, Art, 226]

S. 220 : Collection and recovery-Assessee deemed in default-Stay-Pendency of appeal before CIT(A)-Twenty per cent of disputed tax demand is not a pre-requisite for putting in abeyance recovery of demand pending first appeal in all cases-Matter remanded to the Commissioner of Income tax for fresh adjudication. [S. 220(6), Art. 226]

S. 153A: Assessment-Search-Cash credits-Furnished all documents and had explained source of credit in its original return,-Deletion of additions by the Tribunal is affirmed. [S.68, 260A]

S. 153 : Assessment-Limitation-Uploading of order on web portal-One day delay in uploading of order or generating DIN would not make assessment order unsustainable in law-Writ petition is dismissed. [S. 68, 153 (3), 282, R. 127 Art. 226]

S. 148A : Reassessment-Conducting inquiry, providing opportunity before issue of notice-Sale of land-Value was more than what has been disclosed-Writ petition is dismissed.[S. 148A(b), 148A(d), Art. 226]