S. 10 (23C): Educational institution-University or educational institution must exist solely for educational purposes and not for purpose of profit each year-Earning royalties from publications-Not existing solely for education but for profit-Not entitled to exemption. [S.10(23C)(vi) 10A,10B, 80IB]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Sale and maintenance service of software licences-Not fees for technical services-Not taxable in India-DTAA-India-Singapore. [Art. 12]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Commission for sale of books-Not fees for technical services-Not taxable in India-Royalty-Subscription fees for sale of online books and Journals-Not royalty-Not taxable in India-DTAA-India-Germany. [S.9(1)(vi) Art.12]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Non-Resident-Income from sale of software licences-Not royalty-Not fees for technical services-DTAA-India-Singapore. [Art. 12(3)(a), 12(4)(b)]
S. 9(1)(vii) : Income deemed to accrue or arise in India-Non-resident-Fees for technical services-Hotel management support services-Services of business strategy, marketing and sales cannot result in fees for technical services-No Permanent Establishment in India-Not royalty-Additions are deleted-DTAA-India-Singapore. [S. 9(1)(i),9(1)(vi), art. 12(3)(a), 12 (4)(a)]
S. 4 : Charge of income-tax-Principle of mutuality-Association formed to promote machine tool industry-Holding exhibitions for both members and non-members-Matter is remanded. [S.11]
S. 271C: Penalty-Failure to deduct at source-Commission or discount allowed to dealers-Debatable and pending adjudication before Supreme Court-One of two possible views-Bona fide and genuine-Reasonable cause-Penalty is not justified . [ S. 194H , 201, 201(IA) , 273B ]
S. 271(1)(c): Penalty-Concealment-Bogus purchases-Loss assessed as positive income-Penalty is confirmed. [Explanation 4]
S. 271(1)(c): Penalty-Concealment-Notice stereotyped and irrelevant portion not struck off-Levy of penalty is not valid. [S. 274]
S. 263: Commissioner-Revision of orders prejudicial to revenue-
Revision-Deposit of cash-Demonetisation Period-Deposits directly made by debtors of assessee-Details of cash deposits from parties furnished before Assessing Officer-The Assessing Officer is an investigating and an adjudicating officer-It is not necessary to give a detailed reason in the assessment order in respect of each and every question for the completion of assessment-Possible view-Revision is not valid . [ S. 68, 143(3) ]