S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Computer software-Sale of software to its Indian clients,-Software did not include providing copyright of said software to clients-Subscription fees-Cloud computing infrastructure-Not taxable as royalty-DTAA-India-USA. [S. 9(1)(vii), Art. 7, 12]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Royalty-Aircraft engine on lease rent basis from Netherlands-No permanent Establishment in India-Not liable to deduct tax at source-DTAA-India-Netherlands. [S. 9(1)(vi), 195, Art. 7, 12]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Sports management company provided drivers to team participating in Formula One Motor racing Championship-Failure to provide details regarding actual duration of said drivers’ stay in India-Matter remanded to the file of Assessing Officer for verification-DTAA-India-Switzerland [Art. 7]

S. 4 : Charge of income-tax-Subsidy-Capital or revenue-Sales tax incentive-Investment in backward area-Excise Duty incentive-Capital receipt. [S. 28(i)]

S. 4 : Charge of income-tax-Horse racing-Commission income-Diversion of, by overriding title-Winning payments to public and betting tax payable to State government had an overriding title on gross receipts-Matter remanded to the AO for verification. [S. 148]

S. 2(22)(e) : Deemed dividend-Loan to share holder-Share holding more than 10 percent of shares-Accumulated profits to be considered as on the date of advance of loan-Addition as deemed dividend is justified.

S. 272A : Penalty-Delay in filing TDS return-Delay in filing quarterly statements-Not well acquainted with the procedure of e-filing of TDS return-Penalty was deleted. [S. 201, 272(2)(k), 273B]

S. 271G : Penalty-Documents-International transaction-Transfer pricing-Diamond industry-Practical difficulties in furnishing segment-wise details of AE segment and non-AE segment-Penalty not leviable. [S. 92D(3)]

S. 271(1)(c) : Penalty-Concealment-Mortgaged property-Auctioned by bank-Capital gains not shown-Guarantor-Difference view-Levy of penalty is not valid-Appeal admitted-Penalty cannot be deleted automatically. [S. 2(47) 45, 48, 260A]

S. 268A : Appeal-CBDT Circular-Tax effect from Rs 20 lakhs to Rs 50 lakhs-Enhancing limit-Applies appeals pending before ITAT.