S.80IA: Industrial undertakings-Enterprises engaged in infrastructure development-Not a contractor but a developer of infrastructure facilities-Eligible for deduction-SLP dismissed on account of delay of 358 days and also on merit.[S.80IA(4), Art. 136]

S. 69C: Unexplained expenditure-Bogus purchases-Failure to appear in reassessment proceedings-Finding that the assessee had consciously and intentionally decided not to join the investigation-High Court affirmed the addition-SLP of the assessee dismissed. [S. 37(1), 147, 148, Art. 136]

S. 12A: Registration-Trust or institution-Pendency of appeal before Appellate Tribunal-Retrospective effect of circular issued by Central Board of Direct Taxes-Proviso curative and retrospective in nature to mitigate hardship and ensure fairness. Registration to operate retrospectively-Exemption allowable. [S. 11, 12, 12AA, 260A]

S. 11: Property held for charitable purposes-Exemption-Institution constituted by State for development of industrial estates and related infrastructure-Tribunal justified in holding assessee entitled to benefit of exemption [S. 2(15), proviso, 12, 13(8), 260A]

S. 11: Property held for charitable purposes-Industrial Development Corporation-Exemption-Institution constituted by State for development of industrial estates and related infrastructure-Tribunal justified in holding assessee entitled to benefit of exemption [S. 2(15), proviso, 12, 13(8), 260A]

S. 11: Property held for charitable purposes-Audit report not filed along with return-Furnishing of audit report in Form 10B is a procedural provision-Order of the Tribunal allowing the exemption affirmed. [S. 12, 143(1), 260A, Form No 10B.]

S. 11 : Property held for charitable purposes-Audit report not filed along with return-Furnishing of audit report in Form 10B a procedural provision-Order of Tribunal allowing the exemption affirmed by High Court-SLP of revenue dismissed on the ground of delay of 237 days as well as on merits. [S. 12, 143(1), Form No 10B, Art 136]

S. 10(26) : Scheduled Tribes-Income accrued at North Lakhimpur not falling within the ambit of paragraph 20 of the Sixth Schedule to the Constitution pertaining to the State of Assam-Assessee though a tribal, not entitled to benefit under section 10(26). [Art. 226]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Object of Agreement is to prevent Double taxation avoidance double taxation and not to facilitate avoidance or evasion of tax-Assessee must prove transaction is taxable in its State of residence Assessee must establish that it is a resident of contracting State Tax residency certificate alone not sufficient-Sale is of shares of Indian company not germane Onus on assessee to disprove presumption of tax avoidance-Capital gains-Transfer of shares in foreign entity-Advance rulings-Jurisdiction of authority-An arrangement impermissible under law-Not entitled to claim exemption under Agreement-Capital gains arising from transfers effected after cut-off date, i. e., 1-4-2017 taxable in India-Interpretation of taxing statutes-Double taxation avoidance-Conventions Must be read harmoniously with other provisions of Act-International taxation Power to enter into treaties is an incident of sovereign authority of State-Sovereign right to impose tax on global income of its residents and on income that accrues or arises within its territorial limits-Legislative powers-Parliament Right to bring in a law to remove basis of a judicial-Central Board of Direct Taxes-Circulars-Effect regime in which issued-Cannot override subsequent statutory amendments-Avoidance of tax-General principles-That the High Court was not right in relying upon judgments rendered prior to the amendment of the provisions, wherein, by necessary amendment, the mere existence of a tax residency certificate was now held to be insufficient to establish the resident status of the applicant in the other State-DTAA-India-Mauritius [S.90, Art. 13, 27A]

S. 4 : Charge of income-tax-Retention money-Not liable to be taxed-SLP of revenue dismissed. [Insolvency and Bankruptcy Code, 2016 [S.5, 115JB, Insolvency and Bankruptcy Board of India (Liquidation Process) Regulations, 2016, Art. 136]