S. 69 :Unexplained investments – Capital gains – Guidance value – Burden is on revenue – Addition cannot be made merely on the basis of stamp valuation adopted for registration purposes [ S.45, 50C , 142A ]

S. 69 :Unexplained investments – Penny stock –Accommodation entries – Capital gains held to be non genuine – Addition as income from undisclosed source is affirmed [ S.10 (38) , 45 ]

S. 56 : Income from other sources – Purchase of vacant land – Addition on the basis of guideline value – Law cannot operate in vacuum de-horse ground realities which under surrounding circumstances – Amendment is prospective -Addition was deleted. [ S. 50C, 56 (2)(vii)]

S. 40(a)(ii) : Amounts not deductible – Rates or tax – Tax paid abroad – State (local) taxes paid by assessee in countries having DTAA with India which are not eligible for relief under s. 90 or 91 do not attract disallowance under s. 40(a)(ii)- Matter remanded to the Assessing Officer for verification – Commission payment outside India – Not liable to deduct tax at source – Purchase pf software – Matter remanded . [ S. 2(43 ), 9 (1) (vii) 37 (1), 40 (a(ii), 90, 91, 195 ]

S. 32 : Depreciation – Water treatment chemicals, industrial additives- Installation at customers site at free of cost – Disallowance is held to be allowable – Conveyance reimbursement – 5% of disallowance is held to be reasonable [ S.37 (1)]

S. 28(i) : Business loss – Losses incurred on surrender of NLD licence – Allowable as business loss [ S. 35ABB(2) , 37 (1) ]

S. 12AA : Procedure for registration –Trust or institution- Refusal of registration was set aside – Matter remanded to CIT ( E) to decide accordance with law [ S.2(15), 12A ]

S. 11 : Property held for charitable purposes – Registration granted prior to the initiation of reassessment proceedings – Exemption cannot be denied [ S.12A, 147 , 148 ]

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty – Subscription revenue received by the assessee to be in the nature of royalty and bringing it to tax in India.-DTAA -India -UK [ S.90 , 115A, Art , 13 (6) ]

S. 9(1)(i): Income deemed to accrue or arise in India – Business connection – Providing support services – Taxable at the rate of 20% on gross basis – DTAA-India -USA [ S.9 (1)(vii) ,44AD, 115A, 195 ( 2), Art, 12 ]