S. 45 : Capital gains-Transaction of sale of shares not liable to tax-Motive of tax avoidance not relevant so long as act within the frame work of law-Transaction not with intent to avid tax-DTAA-India-Mauritius. [S. 245R(2), Art. 13(4)]

S. 40(a)(ia) : Amounts not deductible-Deduction at source-Transport charges-Amendment inserted by the Finance Act, 2010 is applicable to earlier years-No disallowance can be made. [S. 139(1)]

S. 40(a)(i) : Amounts not deductible-Deduction at source-Non-resident-Commission paid outside India for obtaining orders outside India-Not liable to deduct tax at source. [S. 5(2)(b), 9(1)(i)]

S. 32 : Depreciation-Property acquired in exchange of extinguishment of tenancy rights-Depreciation allowable-Non-Compete fee-Depreciation allowable on principle of consistency.

S. 28(iv) : Business income-Value of any benefit or perquisites-Converted in to money or not-Amalgamation-Excess of net consideration over value of companies taken over-Not assessable as income. [S. 4]

S. 14A : Disallowance of expenditure-Exempt income-No exempt income received-Provision is not applicable. [R. 8D]

S. 10A : Free trade zone-Interest charges attributable to delivery of computer software-Excluded from export turnover-Deducted from total turnover-New unit-Entitle to deduction-Brought forward losses and unabsorbed depreciation-Deduction to be allowed before adjusting brought forward losses and unabsorbed depreciation. [S. 10A(2)(i), 10A(2)(ii)]

S. 10A : Free trade zone-Foreign exchange-Deductible from both export turnover and total turnover.

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Majority of services technical in nature-Services were ancillary and subsidiary to application or enjoyment of right, property or information for which royalty paid-Chargeable to tax in India-Liable to withhold tax-DTAA-India-USA-Netherlands [S.90, 92 to 92F, 195, Art, 12(5)(a)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Income will be assessed in the hands of PQR and STU and benefit of article 13 of the India-Netherlands Double Taxation Avoidance Agreement is not admissible to these funds will be assessed in the hands of PQR and STU and benefit of article 13 of the India-Netherlands Double Taxation Avoidance Agreement is not admissible to these funds-DTAA-India-Netherlands. [S. 2(17), 5, 60, 61, 62, 63(a), 160(1)(iv), Art, 13]