S. 45 : Capital Gains – Sale of Film Rights – Transfer of bundle of rights in 31 cinematographic films held to be transfer of capital assets – Consideration received taxable as capital gains and not as business income. [ S.2(11)(B), 2(14) 28(i), 28(va) 55(2)(a) ]

Direct Tax Vivad se Vishwas Act, 2020

S. 3: Dispute resolution-Fundamental aim to settle matters and issues that existed on the relevant date; not to create liability on issues on which parties were already ad idem-Failure to make requisite disclosures does not defeat reliefs granted in assessment-Designated authority may rectify apparent mistakes in Form 3-Beneficial statutes to be interpreted liberally. [S. 4, 5, Form No. 3; Art. 226]

S. 271(1)(c) : Penalty-Concealment-Capital gains-Evasion of tax-Construction business-Mere filing of capital account does not amount to full and proper disclosure-Order of Tribunal affirming the penalty was affirmed. [S. 147, 260A, Expln. 1, 271(1)(c)]

S. 195 : Deduction at source-Non-resident payments-Royalty
Payments for online advertisements to FB, AWS, RSC not royalty-No TDS liability-DTAA-India-USA.[S. 9(1)(vi), 201(1), 201(1A), 260A, Art. 12(3)]

S. 153C: Assessment-Income of any other person-Search-Block assessment-Satisfaction note of searched person not indicating anything against third party assessee-CBDT circular binding on assessing authority-Assessment orders and notices invalid for absence of satisfaction. [S. 132, 158BD, 260A]

S. 153: : Assessment-Reassessment-Limitation –Order of assessment passed on 28-12-2006 but communicated to assessee only on 5-1-2007-Assessment orders dated 28-12-2006 and penalty order dt. 29-6-2007 were barred by limitation-Alternative remedy not absolute bar for issue of writ. [S. 148, 153(1), 153(2), Art. 226

S. 153: Assessment-Limitation-Transfer pricing adjustments-Tribunal’s order remitting matter to Assessing Officer dated 21-10-2020 (after 01-04-2019)-Limitation period of twelve months expired on 21-10-2021-Assessment is barred by limitation. [S. 92CA, 153(3); Art. 226]

S. 153 : Assessment-Limitation-Limitation to be computed from date order is received from higher authority-Order received on 30-1-2021; order of assessment on 13-2-2023 barred by limitation. [S. 92CA, 153(3), Art. 226]

S. 151 : Reassessment-Sanction for issue of notice-Non application of mind-Notice and order disposing the objection was quashed. [S. 147, 148,148A(b), 148A(d), Art. 226]

S. 151 : Reassessment-Sanction for issue of notice-Satisfied-The approval is a safeguard and has to be meaningful and not merely ritualistic or formal-General order of approval for all the 111 cases-Mechanical according of sanction-Not valid.[S. 147, 148, Art. 226]