S. 10A : Free trade zone-losses of unit eligible for deduction were already set-off against other business income-Such losses could not be again carried forward and set-off against eligible profits of same unit in subsequent year-Computer software sales made to STP/SEZ units would not be excluded from export turnover for computing deduction under section 10A/10AA-VAT/GST would not be excluded from export turnover and total turnover for computing deduction under section 10A/10AA.-Tribunal could not exclude 80 per cent of uplinking charges from turnover when such exclusion was already limited to 5 per cent of telecommunication charges while computing deduction under section 10A.

S. 10(10C) : Public sector companies-Voluntary retirement scheme-Exemption not claimed in the return-Exemption claimed on the basis of judgement of supreme Court-Exemption was allowed-Order shall not be cited as precedent. [S. 143(3), 264, Art. 226]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Sale of software-Not royalty-DTAA-India-UK. [Art. 13]

S. 4 : Filing of declaration and particulars to be furnished-Appeal with drawn as dismissed-Liberty is given to restore appeal in event ultimate decision to be taken on declaration filed was in favour of assessee. [S. 260A]

S. 148: Reassessment -Notice – Constitutional Validity – Issued between April 01, 2021 to June 30, 2021 – Without following S. 148A – Conducting inquiry , providing opportunity before issue of notice under section 148 – Taxation and other Law (Relaxation and Amendment of Certain Provisions) Act, 2020 and subsequent notifications – held Constitutionally Valid. [ S. 147,148A, Art, 226 ]

S. 92C : Transfer pricing – Arm’s length price – CUP method -Interest-free debt funding of an overseas company in the nature of a special purpose vehicle interest-free debt funding of an overseas company in the nature of a special purpose vehicle – Cannot be compared with loan simpliciter – Cannot be subjected to arm’s length price . [ S. 92A, 92B ]

S. 9(1)(i): Income deemed to accrue or arise in India – Change of domicile from British Virgin Islands to Mauritius- – Entitle to benefits of India-Mauritius DTAA – Dependent agency permanent establishment ( DAPE ) – As long as an agent is paid an arm’s length remuneration for the services rendered, nothing survives for taxation in the hands of the dependent agency permanent establishment- DTAA- India – Mauritius [ Art , 5(4), 7(2) ] S. 9(1)(i): Income deemed to accrue or arise in India – Change of domicile from British Virgin Islands to Mauritius- – Entitle to benefits of India-Mauritius DTAA – Dependent agency permanent establishment ( DAPE ) – As long as an agent is paid an arm’s length remuneration for the services rendered, nothing survives for taxation in the hands of the dependent agency permanent establishment- DTAA- India – Mauritius [ Art , 5(4), 7(2) ]

S. 254(2): Appellate Tribunal-Rectification of mistake apparent from the record – Ex -parte order was passed 30 -3 -2010 – Order was not served on the assessee – The assessee came to know the passing of order on the issue of TRO notice dated 21 -1 2020 – The order was down loaded from the Official website of the ITAT and Miscellaneous application was filed with in six months of date of downloading of the order – The limitation period to be counted from the date of communication or knowledge , actual or constructive – Miscellaneous application was allowed- Ex parte order was recalled and Registry was directed to fix the appeal for hearing on merit . [ S. 254 ( 1), ITAT R. 24 ]

S. 254(2A) : Appellate Tribunal-Stay-Stay-Justified in imposing condition upon assessee to pay Rs. 20 crores for granting stay against outstanding demand of Rs. 269.96 crores. [S. 220, Art. 226)