S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Salary paid by Associated Enterprise-TDS was deducted-Employees have filed their salary return-No addition can be made-Purchase agreement-Sale and purchase as attributable to agency PE was not sustainable-DTAA-India-USA. [Art. 5]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Independent agents-No authority to conclude contracts of assessee-Profits attributable to Indian activities are not liable to tax in India-DTAA-India-USA. [Art. 5, 7]
S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Shipping agency agreement-Not exclusively working for assesee-Do not constitute Permanent Establishment-DTAA-India-Mauritius. [S. 5(2), Art. 5(5), 7]
S. 6(1) : Residence in India-Individual-Status-182 days-While counting days of stay in India for considering status of ‘resident’, day of arrival has to be excluded. [S. 3(1)(b)]
S. 2(22)(e) : Deemed dividend-Land purchased in the name of director-Commercial expediency-Addition cannot be made as deemed dividend.
S. 263 : Commissioner – Revision of orders prejudicial to revenue -Agricultural land – Capital asset – land sold by assessee was situated beyond 8 kms from local limits of any municipality or cantonment board- Not capital asset – Revision order is not valid [ S. 2(IA), 2(14) (iii) , 143(3) ]
S. 147 : Reassessment –With in four years- Store launch expenses- Capital or revenue – Change of opinion – Reassessment notice is quashed [ S. 37 , 148 , Art , 226 ]
S. 147 : Reassessment – Depreciation on goodwill – Change of opinion – Re assessment notice is not valid [ S. 32 , 148 , Art , 226 ]
S. 147 : Reassessment –With in four years- Capital gains –Shares – Rate of tax at 10 % – Application of mind during original assessment proceedings – Notice issued u/s 148 is quashed [ S. 48, 112 , 143(3), 148 , Art , 226 ]
S. 147: Re assessment – Change of opinion – Housing project – Full details of residential unit was furnished in the course of assessment proceedings – Re assessment is held to be bad in law . [ S.80IB(10), 148 Art , 226 ]