S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment for supply of software-The payments received by the assessee is for the supply of software do not fall within the scope of art. 12(3) of the India-China DTAA. In the absence of PE the income is not taxable in India. DTAA-India-China.[Art. 12(3)]
S. 4 : Charge of income-tax-Capital or revenue-Interest subsidy-Technology upgradation fund scheme-Ground raised first time-Issue is restored to the AO for fresh adjudication as per provisions of law [S. 2(24)(xviii)]
S. 4 : Charge of income-tax-Accrual of income-Commission-Service charges receivable from State Government-Auditors report stating under reporting of income-Liable to be taxed on accrual basis. [S. 5, 145]
S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record –Territorial jurisdiction- Rectification application filed by the Revenue to quash the order of Mumbai Tribunal on the ground that the Mumbai Tribunal had no jurisdiction to entertain the appeal and the appeal should have been filed before the ITAT at Pune is dismissed . [ S. 12A , 127 ]
S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-No notice were received-Sufficient and reasonable cause for non-attendance-Without providing sufficient time to reply cannot be treated as non-compliance u/s.272A(1)(d)-Penalty is deleted. [S. 272A(1)(d)]
S. 272A : Penalty-Failure to answer questions-Sign statements-Furnish information-The penalty cannot be imposed when AO expresses satisfaction with the assessee’s compliance.[S. 272A(1)(d)]
S. 271AAB:Peanlty-Search initiated on or after Ist day of July 2012-
Assessment completed u/s. 143(3)-Addition made-Reopening u/s. 147-Again additions made-Two penalty proceedings for both addition-Merging of penalty is not valid-Not specifying the charge-Barred by limitation-Penalty order is quashed. [S. 274,275].
S. 271(1)(c) : Penalty-Concealment-No specific limb in penalty notice-Penalty order is set aside.[S. 274]
S. 271(1)(c) : Penalty-Concealment-Depreciation-The Charitable trust voluntarily withdrew the depreciation claim, and there is no deliberate concealment or misrepresentation, penalty-Penalty is deleted.[S. 11, 32]
S. 271(1)(c) : Penalty-Concealment-Not specifying the limb of penalty-Penalty order is quashed and set aside. [S. 274]