S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Non-Resident-Leadership training provided to employees of group company-Training fees cannot be assessed as fees for technical services-As there is no permanent establishment in Income cannot be assessed-DTAA-India-Sweden. [Art. 5, 7, 12(b)]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Non-resident-Consideration from sale of licensed software-Receipts on sale of Copyright article not taxable in hands of assessee DTAA-India-Singapore. [Art. 12 (3)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Indian subsidiary constituted dependent agent permanent establishment, service permanent establishment and fixed place permanent establishment-Income from supply of equipment to be assessed as business income arising from business connection or permanent establishment in India-Survey-Income determined on the basis of statement recorded and also by analyzing the evidence-Assessment valid-DTAA-India-China. [S. 5(2), 133A, 195, Art.5]

S. 5 : Scope of total income-Accrual-Mercantile system of accounting-Advance of loan for construction-Land in dispute-Write off of principal sum advanced as bad debt-Notional interest cannot be taxed on accrual basis. [S. 4, 145]

S. 5 : Scope of total income-Accrual of income-Interest on overdue payments-Unable to recover outstanding dues-No accrual of income. [S.145, Accounting Standard 9]

S. 271(1)(c) : Penalty-Concealment-Book profit-Bonafide mistake in calculation-Not specifying the charge-levy of penalty is not justified. [S. 10 (38), 115JB]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Assessing Officer calling for further details, making inquiry, examining issue-No discussion in the assessment order-Revision is not valid-Interpretation of taxing statutes-Change of law-Provision inserted from date in midst of financial year, falling within realm of procedural aspects of assessment is to be construed as prospective qua proceedings and not qua assessment year. [S.143(3)]

S. 251 : Appeal-Commissioner (Appeals)-Powers-Enhancement-Non application of mind-The AO to examine the documents and decide accordance with law.

S. 234B : Interest-Advance tax-Book profits-Capital gains before close of financial year-Directed to recompute interest [S.115JB, 234C]

S. 201 : Deduction at source-Failure to deduct or pay-Non-resident-Time-Notice issued more than six years from end of financial year in which transaction took place-Proceedings barred by limitation. [S. 195, 201(1A)]