S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Transferrer authorising transferee to use licensed software-No Transfer of Copyright-Amount received not assessable as royalty. Copyright Act, 1957, S.14(a), 14(b), 30, 52(1)(aa), Art. 226]

S. 4 : Charge of income-tax-Capital or revenue-Investment of funds before commencement of operation-Fixed deposits and mutual funds-Not revenue receipt. [S. 10(35), 28(i), 145]

Direct Tax Vivad Se Vishwas Act, 2020

S. 2(1)(a)(ii): Appellant – Declaration — Pending proceeding — Application for condonation of delay in filing appeal pending before Commissioner (Appeals) — Declaration to be considered by Designated Authority. [ S.246 Art , 226 ]

S. 21 : Professional misconduct-Scheme of Merger-Report was subject to judicial proceedings before High Court-Once the scheme of merger was sanctioned there would be no reason for Disciplinary Committee of ICAI to adjudicate the correctness of the report. [S. 22, Negotiable Instruments Act, 1881, S. 138, Criminal Procedure Code,1973, S. 482]

S. 3(2)(a) : Prohibition of benami transactions-Son cannot claim share in property allegedly purchased by his deceased father benami in his mother’s name as section 3(2)(a) of Benami Act presumes that any property purchased in name of one’s wife is for her benefit.

S. 2(a) : Benami Transaction-Property purchased in the name of wife before decree in suit-Attachment of property is held to be not valid.

S. 276CC : Offences and prosecutions-Failure to furnish return of income-Two PAN Numbers-Surrendered second PAN number-Filed return regularly in one PAN number-Launching of prosecution is not valid. [S. 139(1)]

S. 271E : Penalty-Repayment of loan or deposit-Documents which was before the Tribunal which was not brought on record-Matter remanded to the Tribunal for for fresh examination. [S. 269T, 273B]

S. 271(1)(c) : Penalty-Concealment-Transfer pricing-Adjustment for software development services-Deletion of penalty is held to be justified. [S. 92C]

S. 268A : Appeal-Application-Reference-Instructions-CBDT Circular No. 23/2019, dated 6-9-2019 and Office Memorandum No. 279, dated 16-9-2019 both providing that cases involving organized tax evasion scam through bogus long-term capital gain/short-term capital loss on penny stocks are not subject to monetary limits prescribed for filing appeals, would apply prospectively to appeals filed on or after 16-9-2019. [S. 260A]