S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Royalty-Non-Resident-Information technology and systems, applications and products service agreement with Indian subsidiary-Receipt is not fees for technical services and not taxable in India-DTAA-India-Portugal. [S.9(1)(vi), Art.12(4)(a), 12(4)(b), 13]

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services-Salary-Expatriate employees-Tax deducted at source-Reimbursed by Indian subsidiary on cost-to-cost basis-Reimbursement is not taxable-Not fees for technical services -Not liable for tax deduction at source-DTAA-India-Japan. [S. 192, 195, Art. 12]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty Deduction at source-Non-resident-Sponsorship agreement-Payment for right to use and display event marks-Having non-exclusive right to use footage relating to events or matches which recipients owned-Not royalty-Allowed refund of excess tax-DTAA-India-Singapore. [S. 195 , Art. 7(1), 12(3)]

S. 4 : Charge of income-tax-Doctrine of mutuality-Club-Complete identity between contributors and participators of funds-Letting out Air-conditioned hall and lawns to non-members-Member was only a name lender-Usage of Air-conditioned hall and lawns facility by non-members are not covered by principle of mutuality-Income from such activity is not exempt. [S.143(3)]

S. 4 : Charge of income-tax-A Government undertaking, nodal agency for propagation of non-conventional energy sources-Grants-in-aid from Government-Unutilised grants-in-aid placed in fixed deposit with banks-Interest earned is not income as unutilised grant-in-aid was also a part of grant-in-aid-Precedent-High Court-Fact that judgment of High Court is under challenge before Supreme Court is cannot be a ground for Tribunal not to follow it. [S. 260A Art. 136]

S. 4 : Charge of income-tax-Central excise subsidy from Central Government-Subsidy granted for setting up new unit in Sikkim-Capital receipt-Not liable to tax. [S. 28(i)]

S. 143(3):Assessment – Reassessment – After the expiry of four years -Rental income – Capital gains- Investment in a residential house – Change of opinion – Audit objection – TOLA – Disputed facts cannot be adjudicated in writ jurisdiction -Availability of alternate remedy – Writ petition is dismissed with liberty to file an appeal. [S. 23, 45, 54F, 144B , 147148, 151, 250, Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act (TOLA), Art. 226]

S.2(14)(iii): Capital asset-Agricultural land-Land is not used for agricultural purposes – Self- serving ledger entries- Property was sold before starting agricultural activity – Failed to file affidavit under Rule 10 of the Income Tax (Appellate Tribunal) Rules, 1963, pointing out that none of the Commissioner’s findings were contrary to the evidence on record or that the Commissioner or other authorities had grossly misread the documents on record- No substantial question of law – Order of Tribunal is affirmed . [ S. 45 , 260A , ITAT Rules , 1963 R. 10 .]

S. 271(1)(c) : Penalty-Concealment-Not specifying the charge-Penalty order is quashed.

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Capital gains-Full value of consideration-Stamp valuation-Property is transferred to Trust in assessment year 2017-18-Revenue has accepted the valuation-No addition can be made on account of stamp valuation in the assessment year 2018-19. [S. 11(IA), 45, 50C]