S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Fees-Non-Resident-Providing management support services-Not royalty-Payment received are not business income DTAA-India-UK [S. 9(1)(i),.90, 195, Art. 5, 13 (4)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Returns filed after filing of application would not make application infructuous-Returns filed after filing of application would not make application infructuous-Business connection-Sale complete outside India therefore no income accrued or deemed to accrue in India-Fixed place of business is held to be permanent establishment-Composite contract on turnkey basis for setting up butene-1 Plant-Services taxable in India-Design services inextricably connected with setting up of plant-Profits of permanent establishment to be taxed in India as business Income-DTAA-India-France. [S. 245RR, Art. 7 (1), 13(4)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Returns filed after filing of application would not make application infructuous-Returns filed after filing of application would not make application infructuous-Business connection-Sale complete outside India therefore no income accrued or deemed to accrue in India-Fixed place of business is held to be permanent establishment-Composite contract on turnkey basis for setting up butene-1 Plant-Services taxable in India-Design services inextricably connected with setting up of plant-Profits of permanent establishment to be taxed in India as business Income-DTAA-India-France. [S. 245RR, Art. 7(1), 13(4)]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Non-resident-Capital gains-Share transaction between two non-resident entities are not liable to tax in India-Buyer is not required to deduct tax at source. [S. 195, ITAT R. 11UB IIUC]

S. 4 : Charge of income-tax-Income-Diversion by overriding title-Right to recover gap only on approval-Appeal pending before Appellate Authority and Court-Regulatory Assets under approval received is not taxable on account of diversion of income by overriding title.

S. 2(22)(e): Deemed dividend-Loan to share holder-Commercial transaction-Advance for construction of building-Not assessable as deemed dividend. [S.1150]

S.43B: Deductions on actual payment – Amendment by Finance Act , 2021 disallowance employee’s contribution to ESI/PF is applicable prospectively [ S. 36 (1) (va), 139 (1) ]

S. 255 : Appellate Tribunal – Procedure – Cross objection- Jurisdiction issue can be raised before ITAT , without filing cross objection- Matter remanded to Tribunal for fresh consideration of appeals instituted by revenue after permitting assessee to raise issue of non-compliance with in jurisdictional parameters of section 153C of the Act .Delay of 248 days in filing cross objection was condoned . [S.153C, 253, 254 (1) , ITAT R, 27, Form . 36A ,Code of Civil Procedure, 1908 rule 2 of Order II , Limitation Act, 1963 Limitation Act, 1963 , S. 5 ]

Interpretation of taxing statutes – Royalties – Double Taxation Avoidance agreements – Liberal construction- DTAA -India – Singapore [S. 9(1) (vi), 195 , Art, 3, 12 (3) , 30 ]

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Computer software not royalty – Right to reproduce and right to use computer software separate rights -Not liable to deduct tax at source – Agreement has to be read as a whole , real nature of transaction to be seen reading agreement as a whole – DTAA – India – Singapore -India -China – Japan – Kingdom -USA [S. 2(7) , 2(37A, ) 4 , 5, 90 (2),195 ,201 (IA ) , Copyright Act, 1957, S .2(A ), 52(1)(aa) , Art , 3 (2) 12(3) 30 ]