S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Reimbursement of salaries paid to employees-Employees were high level technical executives-Payments fell under technical services-Tax deducted at source not relevant-Payment taxable. [Explanation. 2]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty- Non-Resident-Use of Transponder services-Secret formula or process-Not liable to tax in India-Not liable to deduct tax at source-DTAA-India-Malaysia [Art. 12, 13]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Not-For-Profit entity incorporated in U. S. A. and exempt from Federal Income-Tax-Providing consulting and education and teaching programs to Hospitals, Medical Schools, Healthcare Institutions under agreements with Medical Institutions-Receipts are not taxable in India-Reimbursement of expenses also not taxable-DTAA-India-USA.[S. 9(1)(vi), 9(1)(vii), Art. 7, 12(3) 12(4)(b), 12(5)(c)]

S. 6(3) : Residence in India-Company –Prima faice adjustments-Derivative Income claimed as exempt as per DTAA between India and Singapore-CIT(A) denied examining the issue on merits on the ground that proper medium of communication not used-Matter remanded for fresh adjudication on merits-DTAA-India-Singapore. [Art. 13 (5)]

S. 2(15) : Charitable purpose-Education-Assessee organising drama programs for companies for fee-Companies selling tickets for profit-Element of profit involved in organising dramas-Assessee not eligible for exemption-Binding precedent-Supreme Court-Pendency of review petition-Does not affect its binding force. [S. 11, Art. 141]

S. 2(1A) : Agricultural Income-Denial of exemption and taxation of income under head “income from other sources”, remanded back to the AO for furnish details filed before CIT(A) and admitted as additional evidence. [S. 10(1), 254(1)]

S. 269SS : Acceptance of loans and deposits-Otherwise than by account payee cheque or account payee bank draft-Dishonour of cheque-Loan exceeding Rs.20,000-Violation of section 269SS or section 271AAD of the Act of 1961 would not render the transaction unenforceable under section 138 of the Act of 1881.[S. 271AAD, 271D Negotiable Instruments Act, 1881, S. 118, 138, 139]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Joint Development Agreement-Stock in trade-No transfer-Registering authority has not treated as conveyance-Order of Tribunal quashing the revision is affirmed. [S. 43CA. 45]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Reasonable opportunity was not given-Revision order is quashed.

S. 260A : Appeal-High Court-Search and Seizure-Issue given up on appeal to Tribunal-Issue cannot be raised before High court. [S. 143(3), 153A,153C]