S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Payment to Non-Resident telecommunication operators for provision of bandwidth and inter-connectivity usage-Not royalty-Not liable to deduct tax at source-Expansion of definition of royalty inserted later-Assessee cannot be expected to foresee future amendment at time of payment in earlier assessment y ears-Jurisdiction-No jurisdiction to tax income arising from extra-territorial source-Double Taxation Avoidance Agreement-Sovereign document between two countries-Applicable in Proceedings under Section 201 of the Act-DTAA-India-Belgium. [S. 195]

S. 68 : Cash credits – Long term capital gains – Penny stock –Not subjected to any enquiry by SEBI – Sold through DMAT account – STT paid – Purchased at a rate as low as Rs.2.5/- to Rs.3/- per share and they were sold at a rate extremely as high as Rs.125/- to Rs.185/- per share- Order of Tribunal deleting the addition is affirmed . [ S. 10(38), 45, 260A ]

S. 68 : Cash credits – Long term capital gains – Penny stock –Information from Investigation wing from Kolkata- Estimation of commission – Not subjected to any enquiry by SEBI -Statement of the assessee – Sold through DMAT account – Addition as cash credits and estimation of commission is deleted . [ S. 10(38), 45 , 69C, 131 ]

S. 281B : Provisional attachment-Should be exercised in judicial manner-Order modified. [S.133A(3)(ia), Art. 226]

S. 276C : Offences and prosecutions-Wilful attempt to evade tax-Acquittal after 29 years of launching of prosecution-No finding against assessee in penalty proceedings-Trial Court is justified in a. 277]

S. 276B : Offences and prosecutions-Failure to pay to the credit tax deducted at source-Failure to issue notice treating director as Principal Officer of company-Cannot be decided in writ proceedings. [S. 2(35), 278B, Art. 226]

S. 273 : Penalty-Advance tax-false estimate-Failure to pay-Mere mistake in mentioning particular provision-Subsequent correction of mistake-Order of penalty is valid. [S. 273(2)(a), 273(2)(aa)]

S. 271AAA : Penalty-Search initiated on or after 1st June, 2007-Surrender of undisclosed income-Cover discrepancies-Levy of penalty is not valid.[S. 132]

S. 271(1)(c) : Penalty-Concealment-Capital or revenue-Debatable-Deletion of penalty is held to be justified.