S. 10(10C) : Public sector companies-Voluntary retirement scheme-Bank employee-Exit Option Scheme-Ex gratia amount-Tax deducted at source-Not entitle to exemption. [R. 2BA]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Sale of software to Indian distributors-Not in the nature of copy right-Not taxable as royalty-DTAA-India-Sweden. [Art. 12]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment made by assessee for market analysis, maintenance of online data, customer database, etc.-Matter remanded for reconsideration-DTAA-India-USA. [Art. 12]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Business of acquiring advertisement time (‘Airtime’)-Attribution of 30 percent of gross revenue from India is held to be not justified-DTAA-India-Mauritius. [Art. 5, 7]

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Share premium- Accepting the value of shares issued at premium could not be considered as erroneous or prejudicial to interest of revenue – Revision is held to be bad in law [ S.56(viib) , Rule 11U , 11UA ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue – Order passed under section 144 overlooking provision of section 184 (5) – Order is erroneous – Revision is held to be valid [ S.144, 184 (5) ]

S. 144C : Reference to dispute resolution panel – Non-resident – Shipping business – Order under section 172(4) without passing draft assessment order – Matter remanded-DTAA -India -Singapore [ S.9(1)(1), 172 (4), Art , 24 ]

S. 54 : Capital gains – Profit on sale of property used for residence – Surrender of old flat and received new residential flat after development – Not offering the capital gain in return and claiming under wrong section would not disentitle from claiming deduction under section 54F of the Act . [ S.45, 54F ]

S. 37(1) : Business expenditure – Supervision charges to group concern- Held to be allowable as deduction .

S. 36(1)(iii) :Interest on borrowed capital – Debit balance in one of partner’s current account for last several years – Principle of consistency is followed – Disallowance of notional interest of 12 % is held to be not valid .