S. 28(i): Business loss-Penny Stock-Bogus purchses-Genuineness of Transactions-Concurrent findings of fact-Dealy of 325 days-SLP of revenue dismissed on account of delay and merits due to low tax effect-Question of law kept open. [Art. 136]

S.14A: Disallowance of expenditure-Exempt income-Rule 8D-Applied prospectively from AY 2008-09.[R.8D]

S. 12AA: Procedure for registration-Trust or institution-Registration of Educational Trust-Delay in Application, Family Trustee Clause, Supplementary Deed, and Surplus Income-Registration cannot be denied.[S.11, 12, 260A]

S. 10 (23C): Hospital-Profit motive-Exemption rightly denied-Permitted to withdraw the appeal-Appeal was dismissed as withdrawn. [S.10(23C)(via), Art. 136]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-
Subscription fees for remote access to CRM application without any transfer of copyright are not “royalty” under Sec. 9(1)(vi) and not taxable—SLP dismissed-DTAA-India-Singappore. [Art. 12, Art. 136]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Consideration paid for transponder services-whether Royalty under Section 9(1)(vi) of the Act and/or Article 12 of the India-USA DTAA-Notice issued under SLP-Supreme could also ordered for stay of the order of Hon. Bombay High Court-DTAA-India-USA [S.195 Art. 12,Art. 136]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payments to non-resident telecom operators for offshore interconnect/capacity are not “royalty”-Not liable to deduct tax at source-DTAA-India-Belgium. [S.201, Art. 12, Art. 136]

S. 2(14)(iii) : Capital asset-Agricultural land-Land not used for agricultural purposes-Self serving ledger entries-Property sold before starting agricultural activity-Failure to file affidavit under Rule 10 of the Income tax (Appellate Tribunal) Rules, 1963-High Court affirmed the order of Tribunal-SLP dismissed. [S. 45, Art. 136]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-
Rejection of discharge petition— Trial Court erred in treating 53 month delay as fatal—Foundational lack of territorial jurisdiction and invalid sanction make out a prima facie case for discharge under s. 245 of Cr. P.C-Criminal revision case was allowed. [S.276, 276CC, 278E, Cr. PC, 245]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax
-Established beyond reasonable doubt that non-payment of Income Tax dues was wilful and not on account of financial inability-Up held the conviction [S. 276(2)]