S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Computer software -Grant of non-exclusive non-transferable license in computer software with no right to sub-lease or transfer would fall within purview of Royalty- Chargeable to tax- Liable to deduct tax at source – DTAA -India -Italy [S. 40 (a)(i), 195 , Art . 13(3) ]

S. 61 : Revocable transfer of assets – Association of person- Revocable Trust – Beneficiaries unknown- Write back of provision – liquidating/recovering NPAs acquired from banks- Trust cannot be assessed as an Association of persons- Revocable trust provisions of section 61 to 63 is applicable – When names of beneficiaries of assessee-trust and their respective shares were known since inception and also proceeds had been distributed as per their respective shares, assessee-trust could not have been considered as an indeterminate trust- Write-back of a provision could be made taxable only if same was claimed as a deduction in earlier year when it was created. [ S. 2(31)(v), 4 , 62 , 63 , 164 (1) , SARFAESI Act ]

S. 56 : Income from other sources –Purchase of flat – Gift – Stamp valuation and actual consideration – Addition was set a side [ S.56 (2) (vii) ]

S. 54B : Capital gains – Land used for agricultural purposes -Agricultural land was sold by assessee on 12-10-2011 and new agricultural land was purchased on 26-8-2013- Denial of exemption is held to be not justified [ S. 45, 54B(2), 139(4) ]

S. 45 : Capital gains – Capital asset- Agricultural land- Not able to show any crop produced and expenses incurred – Assessable as capital gain [ S. 2(14)(iii), 10(1) ]

S. 44AD :Presumptive taxation- Turnover exceeded Rs 1 crore – Accounts not Audited – Net profit shown 0.99% of turnover – Assessing Officer estimated at 8% of turnover – Assessing Officer cannot make estimation of income without rejecting the books of account [ S.44AB , 144 ]

S. 40(a)(ia): Amounts not deductible – Deduction at source – Interest other than interest on securities -Co -operative bank – Members – Not liable to deduct tax at source [ S. 194A (3)(v)]

S. 9(1)(vi) : Income deemed to accrue or arise in India – Web hosting services – Royalty – Providing IDC service to its Indian group companies from Singapore – Mail box/website hosting services- Not assessable as royalty- Management fess – Not assessable as fees for technical services – Fees for management services is not assessable as fees for technical services -Referral services/other services – Revenue received under referral agreement was not taxable as royalty under Act DTAA -India – Singapore [ S. 9(1)(vii), 90, Art 12 ] .

S. 45 : Capital gains –Investment in foreign exchange – Deduction of tax at source- Principally- Taxation of business profits was expressly dealt with by article, those business profits could not be taxed in source jurisdiction for want of satisfying fundamental condition precedent for its taxability, i.e., existence of a PE in source jurisdiction – DTAA-India -Spain [ S.56 , Art . 7, 14(1) (14(5) ,23 (3) ]

S. 268A : Appeal-Monitory tax effect less than of Rs. 1 crore-Appeal dismissed. [S. 260A]