Interpretation -Natural Justice – There is a clear distinction between cases where there was no hearing at all and the cases where there was mere technical infringement of the principle

S. 245C : Settlement Commission – Second application – No bar for filing second application [ S. 245D(1), 245K(2), Art , 226 ]

S. 69 :Unexplained investments – HSBC Bank -Black Money- Burden is on revenue to prove that money belongs to the assessee- Mere holding a joint bank account does not mean that the money belongs to the assessee- Addition is deleted [ S.69A ]

S. 68 : Cash credits- Source of source – Cash deposited – Brother in law and close friends – How money was transferred from Bangalore to Goa was not satisfactorily explained – – Addition is held to be justified .[ S. 153A ]

S. 37(1) : Business expenditure – Temporary suspension of business -Real estate business-Work in progress- Change in method of accounting – Genuineness of expenses not doubted – Allowable as deduction [ S.145 ]

S. 37(1) : Business expenditure –Capital or revenue- Foreign travel expenditure -Acquisition of business- Repair and maintenance – Bonafide expenditure incurred , wholly and exclusively for the purpose of business would be allowable .

S. 9(1)(vi) : Income deemed to accrue or arise in India – Royalty -Interpretation of statutes and DTAA – DTAA- India – Singapore [ S. 9(1) (vii), 90 , 195 , Art . 12 ]

S.139: Return- A representative office of a foreign enterprise is not a taxable unit-The foreign enterprise is the taxable unit- A return of income filed in the name of the representative office, with the PAN of the enterprise, offering only the income of the representative office & excluding the other Indian income of the enterprise is not proper- DTAA- India -Germany [ S. 9 (1) (i), 115A(5), Art .7, 11(5) ]

S. 90 :Double taxation relief – Book Profit – The fact that profits of foreign branches of a resident are taxed outside India under tax treaties does not imply that the said income is not taxable in India. The entire global income has to be taxed in India- The assesseee is entitled to credit for taxes paid abroad, as admissible under the treaty or the domestic law – Even profits of foreign branches which are taxed under the tax treaties are also liable for MAT. [ S.115JB ]

S. 90 :Double taxation relief – Foreign Tax Credit – One has to take a judicious call as to whether the view adopted by the source jurisdiction of taxing the income is a reasonable and bonafide view, which may or may not be the same as the legal position in the residence jurisdiction- The view of the treaty partner should be adopted unless it is wholly unreasonable or manifestly erroneous- Entitle for Foreign Tax Credit -. DTAA -India -Japan [ Art 12 , 22 ]