S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Deduction of tax at source-Non-Resident-Software development services rendered to overseas client-No transfer of specialised technical knowledge-Not fees for technical services-Not liable for tax deduction at source-DTAA-India-USA [S.195, Art.12]

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Non-Resident-Royalty-Licence to incorporate software belonging to non-Resident in Indian company’s Vehicles-Receipts from supply of software is not royalty-Receipts business income not taxable in India in absence of a Permanent Establishment in India-Delay in filing of return-Extended notification-Matter remanded for verification-Interest-Income received after deduction of tax at source-Levy of interest is not valid-DTAA-India-China. [S.9(1)(vi), 139, 209(1)(d), 234A, 234B, Art. 12(3)]

S. 6(1) : Residence in India-Individual-Non-Resident-Once assessee qualifies as non-Resident salary received by assessee while rendering service abroad not taxable in India-DTAA-India-United Kingdom [S.5(2)(b), Art, 16.]

S.147: Reassessment – After the expiry of four years – Short term capital loss – Long term capital gains – No specific allegation in the reopening notice to disclose any material facts- Reasons for reopening were based entirely on records already available during the original assessment- Reopening notice, order disposing the objection order, reassessment order, and the demand notice is quashed and held as invalid.[ S. 45 , 148 Art. 226 ]

S. 68 : Cash credits – Sale of shares –Explained the nature and source – Investment and the transaction was part of a larger acquisition by KKR Group – Order of CIT(A) deleting the addition is affirmed .[S. 115BBE , 133(6) ]

S.54F : Capital gains- Investment in a residential house -Joint property purchase with wife –Joint transfer for consideration- s The wife’s inclusion in the property title was deemed nominal and for convenience- Denial of exemption is not valid .[ S. 45, Transfer of Property Act, 1882, S.45 ]

S. 271(1)(c) : Penalty-Concealment-Revision order is quashed by the Tribunal-Consequential penalty order had no leg to stand.[S.115JB, 143(3), 263]

S. 271(1)(c) : Penalty-Concealment-Self assessment tax paid prior to issue of reopening of notice-Penalty is deleted. [S. 139, 140A, 148]

S. 268A : Appeal-Instructions-Circulars-Monetary limits-Audit objection-Appeal to Tribunal-Revenue filed appeal before Tribunal claiming that in view of circulars of CBDT case would fall under exception provided in Circular No. 3/2018 as same was case of audit objections-In view of latest CBDT Circular No. 5/2024, dated 15-3-2024, there was no exception to monetary limit regarding any audit objection-Due to low tax effect appeals of revenue would not be maintainable and were to be dismissed. [S.80P, 253]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-Cash credits-Bank deposits-Capital gain-Purchase of agricultural after due date of filing of return-land se Reassessment proceedings initiated-No addition was made-Order is not erroneous and prejudicial to interest of revenue on issue of capital gain. [S. 45,54B, 68, 139(1), 147, 148]