S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident-Operated outside India- Not liable to deduct tax at source. [S.195]

S.32: Depreciation — Actual cost —Customs duty paid could be capitalised with retrospective effect and depreciation was to be calculated by including the said amount.[ S.43(1)]

S. 14A : Disallowance of expenditure – Exempt income – Sufficient funds- Onus is on department to establish nexus between expenditure disallowed and earning of interest income —Deletion of disallowance is held to be justified . [ R.8D ]

S. 10 (23C):Educational institution-Notice issued by authority other than prescribed authority — Order withdrawing approval is held to be invalid.[ S. 10( 23C) (vi),11(5), 13 ]

S. 9(1)(i):Income deemed to accrue or arise in India –Business connection-Liaison Offices In India is not permanent establishment — Income directly or indirectly attributable to these branches or offices was not taxable in India- DTAA-India Japan [ Art, 5(6) (E ).]

S. 5 : Scope of total income -Accrual of income — Duty drawback is taxable when income has accrued.[ S.4, 145]

Karnataka VAT Act-Strictures-Court is pained by the manner in which the authority has passed the order just ignoring the applicable Notification and throwing it to winds. The said order is nothing less than suffering from malice-in- facts as well as malice-in-law. The responsible officer deserves to pay the exemplary costs of Rs 50000 for passing such whimsical order from her personal resources or by deduction from salary

S. 271(1)(c) Penalty-Concealment –No penalty can be imposed where (i) income is added or disallowance is made on estimate basis, (ii) books of account cannot be produced for reasons beyond control, (iii) disallowance is made as per retrospective insertion of S. 37(1) Explanation & (iv) allegation regarding concealment vs. furnishing inaccurate particulars is vague & uncertain. [ S.37(1) ]

S. 260A: Appeal – High Court – Transfer pricing disputes with regard to exclusion and inclusion of comparables to determine Arm’s Length Price (ALP) would not necessarily give rise to substantial questions of law except if there is perversity of finding or failure to adhere to the settled principles of law while determining comparables.[ S.92C ]

S. 244 :Refund – Interest on refund -Strictures-The Dept should bring some order and discipline to the aspect of granting refunds. All pending refund applications should be processed in the order in which they are received. It is the bounden duty of the Revenue to grant refunds generated on account of orders of higher forums and disburse the amount expeditiously. In the absence of a clear policy, the Courts may impose interest on the quantum of refund at such rates determined by the Court- Registrar of High Court is directed to forward copy of the order to the PCIT and the Chairperson – Central Board of Direct Taxes.[ S.119 ]