S. 10(23C): Educational institution -Registration -Wrong provision mentioned in application -Technical mistake by counsel -Genuine institution already in existence -Final approval cannot be denied on hyper-technical ground. [First proviso cls. (iii), (iv)]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty -Software licence fee -Not royalty-Receipts for services, not fees for technical services or included services -Addition was deleted-DTAA-India -USA [Art. 7, 12(4)(b)]

S. 4: Charge of income-tax-Premium on issue of tax-free bonds -Capital or revenue -Revenue receipt chargeable to tax. [S. 28(i)]

S. 4: Charge of income-tax-Excise duty refund-Capital or revenue receipt-The refund received was a capital receipt not chargeable to tax. [S.5]

S. 56: Income from other sources – Redevelopment – Alternate permanent accommodation received by tenant – Mere execution and registration of redevelopment agreement, without completion of project and delivery of possession, does not amount to “receipt” of immovable property – Allotment of alternate premises in lieu of surrender of tenancy rights is for valuable consideration and cannot be taxed under section 56(2)(x). [ S. 2(47), 45, 56(2)(x ) ]

S. 271B: Penalty-Failure to get accounts audited-Failure to furnish audit report-Principles of natural justice Quantum assessment-Turnover-Gross receipts-Opportunity of hearing-Matter remanded to the file of CIT A). [S 44AB, 250]

S. 271AAB: Penalty-Search initiated on or after 1st day of July 2012-Additional ground-Undisclosed income-Penalty at 30 per cent is leviable where the assessee fails to satisfy the conditions prescribed for concessional penalty under section 271AAB(1)(a). [S. 132(4), 153A, 154, 254(1),271AAB, Rule 11 of the ITAT Rules]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Reassessment-Long-term capital gains-Penny stock-Enquiry-Bogus capital gains-Inadequate enquiry-Revision order was set aside.[S. 10(38), 45, 147, 148]

263: Commissioner-Revision of orders prejudicial to revenue-Share capital and share premium-Lack of enquiry by the Assessing Officer on valuation of shares justifies revision, though the Commissioner cannot direct a straightaway addition. [S 56(2)(viib), 143(3)]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Book profit-Amalgamation-Depreciation-Revision is invalid where it is based on incorrect facts and the Assessing Officer has already examined the depreciation claim arising from amalgamation.[S. 32, 115JB]