S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services-Subscription fee-From members Non-commercial objectives, professional practices, and articles did not reflect any element of commerciality, subscription fee would not be in nature of FTS-Also exempt on principle of mutuality-DTAA-India-Switzerland.[S.4, 260A, Art. 6.2(a), 6(2)(b), 7.5, 12]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty-Income of supply of CAS and middleware products by the Switzerland company to Indian customers-Does not fall within the ambit of ‘royalty’ as defined in section 9(1)(vi) as well as DTAA-Not liable to deduct tax at source-DTAA-India-Switzerland [S.195, 260A, Art. 12(3) [

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Business profits-Disallowed engineering fees on the ground that time log sheets were not filed, debit notes furnished provided sufficient information as to nature of duties and number of hours spent-Order of Tribunal deleting the disallowance is affirmed-Article 7 of OECD Model Convention. [S. 260A]

S. 9(1)(i): Income deemed to accrue or arise in India-Business connection-Business profits-Composite contract-Service rendered and payment received outside India-Income earned on account of offshore supplies was not taxable-DTAA-India-South Korea.[S. 234B,260A, Art. 7]

S. 2(22)(e): Deemed dividend-Capital contribution by companies in which assessee Firm’s partners were shareholders-Commercial Transaction-Not loans and advances-Not assessable as deemed dividend. [S. 260A]

S. 80IB(10) : Housing projects-Built up area less than 1000 sq.ft-Deduction claimed on basis of approved plans of BMC, occupancy certificate issued by BMC-High Court affirmed the order of Tribunal-SLP of Revenue is dismissed. [Art. 136]

S. 68 : Cash credits-Opportunity to cross examination was not given-Produced affidavit of lenders and notice issued was complied with-High Court affirmed the order of the Tribunal deleting the addition-SLP of Revenue is dismissed. [S. 131, 133(6), Art. 136]

S. 9(1)(vii) : Income deemed to accrue or arise in India-Fees for technical services Deduction of tax at source-Payment to non-resident-Foreign company had not rendered technical services to Indian company-Amount remitted not taxable-Not liable to deduct tax at source-SLP of Revenue is dismissed-DTAA-India-United States of America. [S. 195, 201(1), 201(IA), Art. 12(4), Art. 32]

S. 271-I: Penalty-Deduction of tax at source-Remittances against import of goods-provision for withholding tax and requirement to furnish details not mandatory-forms 15CA and 15CB to be submitted only for payments chargeable to tax in India-Penalty not attracted for failure to furnish forms. [S. 195(6), Form,15CA,15CB,Rule 37BB]

S. 271D : Penalty-Takes or accepts any loan or deposit-Penalty could not be imposed after expiry of period of limitation.[S. 275(1)((c)]