S. 50B: Capital gains-Slump sale-Coca-Cola brand-Transfer of its entire bottling and marketing business as a going concern-Lump-sum basis-Revenue could not artificially fragment the transaction to tax portions thereof under different heads-Order of the Tribunal affirmed.[S.2(42C, 41(2), 260A]

S. 48: Capital gains-Mode of Computation-Amount paid for termination of agreement-No legal obligation to pay the amount-Disallowance was affirmed-Commission paid-No evidence was produced-Disallowance was affirmed.[S. 260A]

S. 45: Capital gains-Sale of undertaking as a going concern-capital receipt-If the income from a source falls within a specific head, the fact that it may indirectly be covered by another head will not make the income taxable under the latter head. [S.4, 28(ii), 260A]

S. 37(1): Business expenditure-Interest on agricultural income tax (AIT)-Not allowable as business expenditure.[S 10(1),40(a)(ii)]

S. 37(1): Business expenditure-Expenses towards charitable purposes-Order of High Court affirmed-SLP delay of 621 days-SLP of revenue was dismissed on account of delay as well as on merits. [Art. 136]

S. 28 (i) : Business income-Slump sale-Going concern-Compensation for termination of agreement-Licensing Agreement was on a principal-to-principal basis and held that consideration would not fall within Section 28(ii)(c)-Order of Tribunal affirmed.[S. 28(iic), 260A]

S. 14A: Disallowance of expenditure-Exempt income-Delay of 469 days-SLP dismissed on account of delay and also on merits. [R.8D, Art. 136]

S. 12AA : Procedure for registration-Trust or institution-Assessee society was established with the object of imparting education-earnings it received were also utilised for the purpose of advancement of education-Order of High Court affirmed-SLP of revenue dismissed.[S. 2(15), 10(23)(vi), Art. 136]

S. 9(1)(vi): Income deemed to accrue or arise in India-Royalty-Global advertising and promotional rights, including a non-exclusive right to use ICC and event marks under an agreement with GCC Singapore-Consideration attributable to right to use such marks constituted ‘royalty’ within meaning of section 9(1)(vi) read with article 12 of India-Singapore DTAA, and apportionment of one-third of total consideration as royalty (taxable at DTAA rate) and balance as advertisement expenditure was valid-Writ petition was dismissed-DTAA-India-Singapore.[S. 195, 264, Art. 12, Art. 226]

S. 9(1)(vi): Income deemed to accrue or arise in India-Royalty-Payments made to non-resident telecom operators by assessee, for providing interconnect services and transfer of capacity in foreign countries was not chargeable to tax as royalty or fees for technical services-Order of High Court affirmed-Delay of 308, 457 and 473 days-SLP of revenue dismissed on account of delay and also on merits-OECD Model Convention, Art. 12. [S.9(1)(vii), Art. 136]