S. 80HHC : Export business -Income from job working of machining -Income to be considered as business income.

S. 68:Cash credits — Source of cash deposit was not explained satisfactorily-Addition was held to be justified .

S.68:Cash credits — Burden of proof — Mere confirmation is not sufficient, identity , creditworthiness and genuineness was not proved – Addition was held to be justified .

S. 45(2) : Capital gains – Conversion of a capital asset in to stock-in-trade -Capital gains to be computed on sale up to date of conversion of Land into stock- in-trade and profit on sale of stock in trade to be assessed as business income or loss. Capital gains to be set off against business loss [ S.28(i) ]

S.40(a)(ia):Amounts not deductible – Deduction at source – Professional fees – Failure to deduct tax at source – Disallowance was held to be justified .

S. 10AA : Special economic zones – Industrial undertaking- Investment in Plant and Machinery for new unit was substantial compared to value of machinery shifted — Entitled to exemption.

S. 9(1)(vii):Income deemed to accrue or arise in India – Fees for technical services – Services of Crew under separate agreement – Matter remanded to Tribunal -DTAA -India- Germany [ S. 10(15A),Art, 111]

S. 4 : Charge of income-tax -Capital or revenue —Business of real estate -Compensation received under Arbitration Award is held to be capital receipt .

S. 282 : Service of notice –Reassessment-Service of notice at the factory premises of the Assessee on the security guard was held to be valid ,though “service” of notice u/s 147/148 is not a mere procedural requirement, but a condition precedent for initiation of proceedings, the service upon a person who was not authorized to receive notice does not render the proceedings null and void if the assessee complied and entered appearance [ S. 148 , 254(1),292B ]

S. 271(1)(c) Penalty-Concealment -“sale and lease back”- Quantum of revenue appeal was admitted and pending for final hearing – Merely using the words that there is concealment of income and / or furnishing inaccurate particulars of income is not sufficient. The same should be particularized by the AO with a finding as to what particulars of income has been concealed or what particulars of income are inaccurate. The words ‘concealment’ or giving ‘inaccurate particulars of income’ have to be read strictly before penalty provisions can be invoked. [ S.32]