S. 45: Capital gains-Income deemed to accrue or arise in India-Business connection-Capital gains-Non-Resident-Cost of acquisition-Short term capital loss-TRC produced-Matter remanded to the file of Assessing Officer-DTAA-India-USA.[S. 9(1)(i), Art. 13]

S. 45 : Capital gains-Family arrangement-Transfer of shares under family arrangement-Transfer of shares as per direction of Company Law Board (CLB )-Not transfer-Not liable to capital gains tax.[S. 2(47)]

S. 44AD :Presumptive basis-Civil contractor-State Public Works Department relating to road construction-Estimate of net profit at 4 percent on turnover basis is affirmed.[S. 44AB, 144]

S. 41(1) : Profits chargeable to tax-Remission or cessation of trading liability-liability of sundry creditor-Capital asset-Capital expenditure-Neither put to use nor claimed depreciation-Addition cannot be made.

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Purchase of land-Payment of cash on demand by seller-Seller admitted the receipt of cash-Disallowance is deleted. [R.6DD]

S. 40A(3) :Expenses or payments not deductible-Cash payments exceeding prescribed limits-Real estate developer-Purchase of land as capital asset-Commercially exploited later as stock in trade-Provision of section 40A(3) cannot be applied.[S. 45(2)]

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Fes for technical services-Sales support service-Located in Dubai-Marketing of products-Train resources of marketing partner to provide pre-sale and after sale product services to customers-Fees for technical services-Liable to deduct tax at source-Disallowance is justified.[S.9(1)(vii), 195]

S. 37(1) : Business expenditure-Business of cinema photographic films, Legal fees-Dispute of film-Allowable as deduction whether the film would release or not would be irrelevant-Abandoned project-Service charges paid to a marketing company related to a film-film which was subsequently abandoned and never released-Allowable as business loss-Interest expenditure-Project abandoned-Capital or revenue-Allowable as deduction[S. 28(i), 36(1)(iii ) Rule 9A]

S.37(1): Business expenditure-Capital or revenue-Premium paid on foreign exchange forward contracts-Amortized as revenue expenditure over life of contract. [Accounting Standard (AS)-11]

S. 37(1) : Business expenditure-Foreign travel expenses-Business of real estate development and construction-To understand global trend of business-Business man point of view-Travel expenditure-Ad-hoc disallowance of 25 percent is not Sales promotion expenses-Allowed as deduction.