S. 45: Capital gains – Consideration received for subsequent granting of development as per the commitment letter for granting permission to right for uploading TDR is assessable as long term capital gains and not as income from other sources – Substantial question of law raised first time before the Honourable High in an appeal filed by the assessee is admitted by the Honourable High Court . [ S. 56 , 260A ]

S. 9(1)(v) : Income deemed to accrue or arise in India – Interest-Bank is a subsidiary of Netherlands company — Interest paid by Indian branch not taxable in hands of head office or overseas branches — Change of law with effect from 1-4-2016 not be applicable prior to ay 2016-17-DTAA-India-Netherlands [Art. 11(2)]

S. 9(1)(v) : Income deemed to accrue or arise in India – Interest-Hypothetical independence of PE and the head office cannot be extended to computation of profit of the head office and the same is restricted only for computation of profit attributable to PE-DTAA-India – Switzerland.[Art. 7(2), 11]

S. 9(1)(ii) : Income deemed to accrue or arise in India – Salaries-
Short term assignment – Service rendered USA-Salaries received in India-Not taxable in India-DTAA-India-USA [S. 5(2)(a) 5(2)(b), 90 Art. 16]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-licensing of software in India through distributors to end users-Transaction between the assessee and its Indian PE was at arm’s length therefore, no further attribution of profit could be made to dependent agent PE in India.[S. 92C]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Sales transaction on principal-to-principal basis for resale-transaction between parties was accepted to be at arm’s length by TPO-attribution of profit to PE in India could not be sustained – DTAA-India – Singapore.[Art. 5(8), 5(9)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-DRP cannot invoke provisions of section 44BB without any good and sufficient reason while departing from methodology adopted by revenue in respect of attribution of profit to PE on receipts from offshore supply of equipment in past assessment years-DTAA-India – Singapore .[S.44BB, Art,6,7]

S. 5 : Scope of total income-Passing of entries in books of account not conclusive to determine income-Entries in books representing notional income – Notional income is not taxable.[S. 145]

S. 4 : Charge of income-tax-Capital or revenue receipt-Entertainment tax subsidy is capital receipt not exigible to tax. [S. 28(i)]

S. 4 : Charge of income-tax-Subsidy-Technology up gradation fund scheme-Capital in nature though net off against the interest expenditure in the books of account is still capital in nature and therefore not taxable. [S. 28(i)]