S. 12AB: Procedure for fresh registration -Selecting wrong selection code – Delay is condoned – CIT( E) is directed to hear the assessee by allowing it to apply under Form 10A . [ S. 12A(1)(ac)(iii) Form No 10A/10B ]

S. 11 : Property held for charitable purposes – If past-year discrepancies, if resolved, do not justify denying exemption in subsequent years. [ Form 10B ]

S. 11 : Property held for charitable purposes – Failure to file Form No 9A along with the return- Filed later on – Denial of exemption is not justified . [ S.11(2)(ii), 139 , Form No 9A ]

S. 11 : Property held for charitable purposes – Kuri and finance – Amount spent for object of the Trust – Entitle to exemption .[ S.2(15 ) ]

S. 11 : Property held for charitable purposes – Charitable purpose – Provision of credit guarantee for loans to micro and small enterprises – Entitle to exemption- Provision for guarantee claim – Allowable as deduction [ S. 37(1) ]

S. 11 : Property held for charitable purposes – Late filing of return – CBDT Circular clarifies that trusts are eligible for exemption u/s.11 even if the return is filed belatedly, provided it is filed within the time permitted u/s.139 (4A) [ S. 139(4A) ]

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – US based company – Amount received by assessee from Indian customers on account of sale of software solutions – Not royalty income- DTAA -India -USA. [ Art. 12 ]

S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services -Sales commission received by USA Company from Indian company – marketing services provided outside India – Cannot be considered as FTS under 9(1)(vii) and Article 12 of DTAA –Not taxable in India – DTAA -India -USA [ Art. 12 ]

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection -Assessee, US based company, had closed its Liaison Office (LO) operations in India and no business activity was carried out through the LO – Held, since assessee had no PE in India – Question of attribution of profits to PE in India did not arise – therefore, amounts paid by resident Indian end-users/distributions to the Assessee as consideration for resale/use of computer software through EULAs/distribution agreements, is not payment of royalty for use of copyright in computer software- DTAA -India -USA .[ Art.5 ]

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – AO considered assessee as supervisory PE – Estimated profit of 10% as profit rate on income earned and 25% as attributable towards PE – Held profits were taxable in India- ad-hoc percentage cannot be applied – matter set-aside to the Assessing Officer – DTAA -India – Germany .[ Art. 5, 7 ]