S. 9(1)(vii): Income deemed to accrue or arise in India-Fees for technical services-Non-resident-Fees for included services-Assessee engaged to provide concept drawings and design for statue of Sardar Vallabhbhai Patel-No development of technical design or transfer of technical plan-Drawings project-specific, not usable elsewhere-No technical know-how made available-Consideration not taxable as fees for included services in India-DTAA-India-USA [S.90, Art. 14(4)(b)]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Effect of Supreme Court decision in Engineering Analysis Centre of Excellence P. Ltd. v. CIT (2021) 432 ITR 471 (SC)-Software licence fees, global wide area network connectivity, and global technology charges not royalty-Order of Commissioner (Appeals) upheld-DTAA-India-UK.

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Permanent Establishment-Dependent Agent Permanent Establishment-Construction Permanent Establishment-Offshore supply-Attribution of profits-Artificial splitting of contracts-Fees for Technical Services-“Make available” clause-Additions were deleted-DTAA-India-UK.[S.44BB,90, Art. 5, 13(4)(c)]

S. 263: Commissioner-Revision of orders prejudicial to revenue–No revision where Assessing Officer rightly made no disallowance under section 14A as interest-free funds exceeded investments-Commissioner cannot invoke section 263 on an issue which is the subject matter of appeal before the Commissioner (Appeals)-Failure to refer specified domestic transaction to Transfer Pricing Officer does not render assessment erroneous where CBDT Instruction is not attracted. [S. 14A, 92BA, 92CA 250, Rule 8D]

S. 263: Commissioner-Revision of orders prejudicial to revenue-Where the AO, after examining the assessee’s eligibility for exemption under section 10(21), adopted a possible view that incidental receipts were eligible for exemption, the Commissioner could not invoke section 263 merely because he held a different opinion on a debatable issue. [S. 10(21)]

S. 263: Commissioner-Revision of orders prejudicial to revenue-AO having accepted the claim that interest received on enhanced compensation formed part of compensation exempt under section 10(37), revision under section 263 was not justified as the issue was debatable and the AO had adopted a possible view. [S. 10(37), 45, 56(2)(viii)]

S. 244A: Refunds-Interest on refunds-Assessee entitled to interest up to date of actual receipt of refund.

S. 153A: Assessment-Search-No addition in unabated assessment in absence of incriminating material found during search. [S. 68, 69C]

S. 147: Reassessment-Reopening is invalid where the very same income has already been assessed substantively in the hands of another assessee, and the AO records only a contingent belief that the income may escape assessment if the other assessee succeeds in appeal-Contingent reopening was without jurisdiction and liable to be quashed. [S. 148]

S. 144C: Reference to dispute resolution panel-Limitation-Transfer Pricing order passed beyond the time limit prescribed under section 92CA(3A) is barred by limitation-Consequently, the assessee ceases to be an ‘eligible assessee’ under section 144C and the draft as well as final assessment orders are void ab initio. [S. 92CA(3A), 144C(15)(b)(i), 153]