S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Shipping inland waterways transport and air transport-Freight income received on account of transportation of cargo on vessel under slot arrangement basis is eligible for benefit of exemption to assessee under article 8 of DTAA between India and Germany. DTAA-India-Germany. [Art. 8]

S. 2(22)(e) : Deemed dividend-Loans or advances to shareholders-Deemed dividend can only be assessed in hands of person who is a shareholder of lender company and not in hands of a person other than shareholder.

S. 4 : Declaration-Revised declaration-Order passed thereon conclusive and no matter covered thereby to be reopened in any other proceedings-Appeals pending or filed deemed to be withdrawn-Revised fresh declaration not Maintainable and non est-Original declaration is held to be valid-Directed to issue the certificate as per law. [S. 3, 5(1), 5(3), 7, 9(c), IT Act, S. 246A 253, Art. 226]

S. 2(h) : Disputed interest-Pendency of appeal-dispute-In liquidation for settlement of disputed interest on demand pending adjudication before company court-Interest waiver application-Eligible to make declaration. [S. 3, 4, 9, IT Act, 220(2A), Art. 226]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Claim for exemption-Finding by Appellate Tribunal that claim was bona fide-Penalty order was set aside-Prosecution is not valid. [S. 54F, 271(1)(c), 277]

S. 260A : Appeal-High Court-Business expenditure-Order of Tribunal deleting disallowances based on appreciation of facts-Cannot be disturbed unless order is illegal or perverse. [S. 254(1)]

S. 260A : Appeal-High Court-Territorial jurisdiction-Transfer of case-Power to transfer cases–Consequent to transfer to another ITAT-The High Court having jurisdiction over the Assessing Officer who passed assessment order-Appeals against orders of Appellate Tribunal lie before High Court within whose jurisdiction assessing officer who passed assessment order situated. [S. 116, 120, 124, 127, 252, 255, 260A, 269, ITAT Rules, 1963, R. 3, 4]

S. 255 : Appellate Tribunal-Procedure-Functions-Power of President to constitute special bench Appeal disposed of by Regular Bench of Tribunal during pendency of Special Leave Petition of Department-Special Leave Petition disposed of as academic leaving question of powers of President to constitute special bench open-Strictures against vice president of Tribunal passed by High Court expunged. [S. 255(3), Art. 136, 226]

S. 254(1) : Appellate Tribunal-Powers-Tribunal has jurisdiction to allow Department to raise new ground and remand matter to Transfer Pricing Officer for enquiry and action. [S. 92C]

S. 245D : Settlement Commission-Settlement of cases-Advance tax-Interest-Income earned from abroad-Levy of interest is held to be not valid. [S. 192, 201(IA), 234A, 234B, 245D(4), Art. 226]