S. 263: Commissioner – Revision of orders prejudicial to revenue – Non-resident -Deduction of tax deducted at source cannot determine the taxability of income – Salary of the assessee cannot be taxed in India and the same has rightly been claimed as deduction in the return of income- Proceeding is valid only if the Assessment order is erroneous as well as prejudicial to the interest of the Revenue – [ S.5, 6, 154 ]

S. 263 : Commissioner – Revision of orders prejudicial to revenue-Income deemed to accrue or arise in India – Where the AO had made due enquiries with regard to receipts of assessee from services rendered outside India and where receipts were not taxable in India under article 15 of DTAA between India and USA, exercise of jurisdiction under section 263 was not justified- DTAA- India -USA [ S.9(1)(i), Art .15 ]

S. 263: Commissioner – Revision of orders prejudicial to revenue – There could have been no revision by Commissioner without pointing out in impugned order as to what was kind of enquiry that Assessing Officer ought to have made, which he failed to make. [ S.10(2A)]

S. 263 : Commissioner – Revision of orders prejudicial to revenue -Share application money – Lack of proper inquiry-Revision is held to be valid .[ S.68, 147 ]

S. 246A : Appeal – Commissioner (Appeals) – Appealable orders – The assessment order cannot be merged with reassessment order as both are two separate orders. [ S.143(3) ,147 ]

S. 201 : Deduction at source – Failure to deduct or pay -Employee of society under Societies Registration Act, 1860 – The Employees of society cannot be equated with employees of Central Government and, therefore, applying clause (ii) of sub-rule (1) of rule 3 and treating assessee as assessee-in-default is justified. [ S. 17 ,192. R.3 ]

S. 194J : Deduction of tax at source – Fee for professional or technical services – Roaming charges paid to other operators for using their network, payment in is not liable to deduct tax at source .

S. 194H : Deduction of tax at source -Trade discount – Discount offered is to be regarded as ‘commission’ -Liable to deduct tax at source .

S. 147: Reassessment – After expiry of four years – No accommodation entries were found in books of assessee- The AO plainly relied on the information from the investment wing, there was nothing in the reassessment recorded for reopening of assessment – Reassessment is held to be not valid . [ S.148 ]

S. 145: Method of accounting – Failure to produce the necessary details as asked by the AO-Rejection of the books of accounts is held to be justified .[S.145(3) ]