S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Dubai branch-Referral fee-Swiss company received fee from an Indian company for referring an Indian resident client for bringing out issue of convertible bonds-Fee is in nature of commission to be taxed as business income and not as fees for technical services-Fee not attributable PE in India the same is not taxable in India-DTAA-India-Switzerland. [S. 9(1)(vii), Art. 7, 12]

S. 5 : Scope of total income-Resident in India-Long term capital gains-Shares held in UAE based company-Taxable as per the provisions of Indian Income-tax and not as per article 13 of DTAA-DTAA-India-UAE. [S. 6(1), 9(1), Art. 13]

S. 2(22)(e) : Deemed dividend-Fixed deposit-Fiduciary capacity-Protect the interest of company-Addition cannot be made as deemed dividend.

S. 2(22)(e) : Deemed dividend-Not a share holder of holding company-Not taxable as deemed dividend irrespective of their common shareholders.

S. 279 : Offences and prosecutions – Sanction – Chief Commissioner – Commissioner – Application for compounding of offence – Rejected on the ground of limitation and the fact that assessee was already convicted by Magistrate – Conviction order set aside by CBI Judge and directed a fresh trial – High Court sets aside rejection of compounding application as (i) CBDT Circular had relaxed time limit to file a such application and (ii) second objection no longer survives as the conviction set aside – Revenue to consider the application seeking compounding on its own merit and in accordance with law [ S. 119 , 276CC, 278E, Art , 226 , CRPC , 391 ]

S. 271B :Penalty- Failure to get accounts audited – Stay – Technical glitches Natural justice- Advancement in technology cannot hamper the cause of justice -Directed not to take coercive action [ S. 246A Art , 226 ]

S.271(1)(c): Penalty – Concealment – Mere acceptance of sales figures by VAT Authority cannot be a sufficient ground to hold that the cash sales were in fact genuine so as to delete the levy of penalty . [ S.80IC ]

S. 268A : Appeal –Instructions – Monetary limit less than Rs 2 Crores – Appeal of revenue was dismissed .

S. 260A : Appeal – High Court – Condonation of delay – Substantial justice – Every single day’s delay must be explained does not mean that a pedantic approach should be made. When substantial justice and technical consideration are pitted against each other, cause of substantial justice deserves to be preferred. [S. 254(1), Limitation Act , S. 5, Direct Tax Vivad Se Vishwas Act , 2020 , S. 3 ]

S.234E: Fee-Default in furnishing the statements- Non-filing of TDS statement – Effective from 1-6-2015 – Levy of late fee invalid [ S. 200A, Art 226 ]