S. 10AA : Special economic zones-Once claim of deduction had been accepted in first year of operations and also in second year, then in third year same could not be withdrawn by examining factors which were required to be seen in first year of claim-Without withdrawing or setting aside relief granted for first assessment year, AO cannot with draw relief for subsequent assessment years. [S. 10AA(4), 10B]

S. 10(23G) : Infrastructure undertaking-Certain incomes of Infrastructure Capital Funds or Infrastructure Capital Companies-Investment in distribution of electricity and not generation of electricity Not entitle exemption. [S. 80IA(4)]

S. 10(6A) : Foreign company-Contract approved by Indian Government- Royalty or fees for technical services-Grossing up amount – Entitle to exemption – Reversal of provision for royalty –Deletion of addition is held to be justified. [S. 143(3), 154]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Deduction at source-Non-resident-Licence fee-Paid for copy righted article-Maintenance fees-Training fees-Not liable to deduct tax at source-DTAA-India-USA. [S. 195, 197, 201, Art.7, 12]

S. 9(1)(i) : Income deemed to accrue or arise in India-Business connection-Permanent establishment-No management activity was conducted in India-There was no fixed place of Permanent establishment-No business connection question of estimated income did not arise—Not liable to deduct tax at source or interest -DTAA-India–South Korea. [S. 234A, 234B, Art. 5, 7]

S. 14A : Disallowance of expenditure – Exempt income – Disallowance cannot made as without bringing basic fact that expenditure actually incurred to earn exempt income- Matter remanded to the AO. [ R.8D( 2) (ii) ]

S.45: Capital gains- Exchange -Slump sale -A transaction by which an undertaking is transferred in consideration of the allottment of shares is an “exchange” and not a “sale”. The fact that the agreement refers to the parties as “seller” and “purchaser” is irrelevant. S. 2(42C) and S. 50B apply only to “sale” and not to “exchange”. As there is no estoppel against a statute, an assessee is entitled to raise the claim regarding non-taxability at any stage of the proceedings [ S.2(42C), 50B ]

S.271(1) (c) : Penalty concealment – Specific charge -concealment of particulars of income or for furnishing inaccurate particulars of income –Issue which was not raised in original proceedings cannot be raised in remand proceedings. [ S.254(2) , 271(1)(a), 274 ]

S. 271(1)(c) : Penalty–Concealment–Transfer pricing adjustment– Software development–Levy of penalty is held to be not justified. [S. 92C]

S. 263 : Commissioner-Revision of orders prejudicial to revenue-capital work in progress- Short term loss-Assessee has sold plant and machinery along with capital WIP, then order passed by AO cannot be considered as erroneous and prejudicial to interest of revenue. [S. 143(3)]