S. 245D : Settlement Commission-Settlement of cases-Cash credits-Share application-Order of Settlement Commission accepting claim for deduction need not be interfered with-Order of Settlement Commission holding that addition of unsubstantiated share capital under s. 68 would not qualify for deduction under s. 80-IC set aside-Section 115BBE (introduced later) not applicable; assessee entitled to special deduction. [S. 68, 80-IC, 115BBE, 245D(3), 245D(4), Art. 226]

S.37(1): Business expenditure-Construction business-Order of Tribunal deleting the disallowance was affirmed.[S. 260A]

S. 32 : Depreciation-Pipeline installation-Contingent liability
Disallowance justified where liability towards port authorities was contingent and not crystallized-No substantial question of law. [S. 260A]

S.14A : Disallowance of expenditure-Exempt income-No exempt income-No disallowance can be made-Amendment in law will be applicable prospectively from 1-4-2022. [S. 260A, R.8D]

S. 11 : Property held for charitable purposes-Investment-Exemption-Purchase of shares of subsidiary-Non-profit entity-Pursuant to Government policy and TRAI recommendations-No violation Exemption allowable. [S. 11(5), 12, 13(1)(d), 260A, Companies Act, 1956, S. 25]

S. 9(1)(vi) : Income deemed to accrue or arise in India-Royalty
Payments for purchase of licensed software not taxable as royalty. [S. 260A]

S. 254(1) : Appellate Tribunal- Powers- Tribunal remanding matter with cost – Cost of ₹50,000 imposed on small trader held to be harsh and unjustified – Order of Tribunal set aside . [ S. 250(6) ,254(2B), 260A ]

S. 250 : Appeal – Commissioner (Appeals) – Procedure – Time bound disposal of appeals) – Delay in disposal of appeals – Pending for five years – Stipulation of one year period for disposal of appeal in provisions of section 250(6A) – Legislative intent – Inordinate delay would defeat objective of provision -If the appeal was not disposed within this period, the reasons for such delay must be explicitly recorded in the orders, so as to reflect whether the delay was attributable to the assessee or the Department and efforts should be made to decide the appeals maximum within a period of two years – Commissioner (Appeals) directed to decide appeal within three months from date of order of court – The Registry was directed to send a copy of this order to Union of India, the Central Board of Direct Taxes, the Commissioner (Appeals), the Assistant Commissioner and the Principal Commissioner (Central) for necessary compliance. [ S. 246A , 250(6A) , Art. 226.]

S. 250 : Appeal – Commissioner (Appeals) – Procedure – Time bound -Pending for ten years – Directions issued for disposal of appeal within six months from the date of order of the court. [S. 246A, 250(6A) , Art. 226 ]

Vivad se Vishwas I Relief for MSMEs Scheme, 2023.
(Micro, Small and Medium Enterprise Development Act, 2006.)

Reclassification of assessee as not micro or small or medium enterprise-Vivad se Vishwas I Scheme-Micro or small or medium enterprise-Eligibility for non-tax benefits-Entitled to avail of all non-tax benefits of category before reclassification for three years from date of reclassification. [Micro, Small and Medium Enterprise Development Act, 2006, S.9, 7, 8, Art.226]