S. 10 (23C): Educational institution-Bogus donation-Donation supported by certificate of recognition of Director General of exemptions and bank statements-Denial of exemption is not proper-Retracted statements not incriminating material-Cannot be used to reopen concluded assessment-Gratuity-Leave encashment-Provision for gratuity or leave encashment-Constitutes ascertained liability-Allowable as deduction. [S. 12AA, 80G, 143(3) 153A]

S. 9(1)(v) : Income deemed to accrue or arise in India -No permanent establishment- Interest paid by the Indian branch/PE to the head office/GE is not taxable in India- DTAA-India-France.[Art.7(3)]

S. 9(1)(vii):Income deemed to accrue or arise in India-Fees for technical services -Amounts received towards the provision of SAP & IT services on a recurring basis are not in the nature of FTS- Not taxable in India-DTAA-India -Israel [S.9(1)(i), Art. 13]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Permanent Establishment — Providing online decision support applications for Airline companies in India-Not business income — Taxable only on gross basis under Section 115A at 10 Per Cent. — Expenses not allowable —DTAA -India -USA.[S. 9(1)(i), 44DA,

S. 4 : Charge of income-tax -Accrual -Service charges accrued but not received -Addition is not justified. [S. 5, 145]

S. 4 : Charge of income-tax-Diversion by overriding title -Transfer of interest receipts to tribal development fund (TDF) and watershed development fund (WDF) per scheme devised by Government of India for promotion of investments in agriculture and rural development- Not chargeable to tax. [S. 145]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Shares issued at premium-DCF method-Commissioner in Revision proceedings cannot direct the Assessing Officer to adopt the NAV method-TDS on interest income-Interest income om fixed deposit for obtaining the loan for obtaining the bank guarantee-Directly linked with activity of setting up hotel and is to be viewed as a capital receipt going to reduce cost of construction-Revision order is quashed.[S. 4, S.56(2)(viib), 199, R.11UA, R.37BA]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Educational institution-School-No fee is charged from students-Accumulated surplus for purpose of future application to set up school-Entitle to exemption-Revision is held to be not justified. [S. 10(23C)(iiiad), 12A, 12AA]

S. 144C : Reference to dispute resolution panel-Assessment-Limitation-No variation in returned income-Assessing Officer ought to have passed assessment order under section 143(3) of Act within limitation time prescribed under section 153(1), i.e., within 21 months from end of assessment year-Order is barred by limitation. [S. 143(3), 153(1)]

S. 68: Cash credits-Income from other sources-Agricultural income-Lease rent-Addition made in earlier year-Taxing the said income again is deleted.[S.56]