S. 40(a)(i) : Amounts not deductible – Deduction at source -Non-resident – Income – Deemed to accrue or arise in India Demurrage paid – In terms of relevant sales contract – Income not accrued in India – Not liable to deduct tax at source .[ S. 5(2)(b) ,9(1)(i) ]

S. 249 : Appeal-Commissioner (Appeals)-Condonation of delay-Form of appeal and limitation-Delay of 11 days-Non availability of tax consultant-Delay is condoned-CIT(A) is directed to decide the issue on merits. [S.80P, 246A, 250, Art. 226

S. 35E : Deduction for expenditure on prospecting etc. for certain minerals- Capital or revenue – Amount paid to mining lessees is not towards acquisition of right to mine but was towards expenditure undertaken by said lessees for purpose of developments like roads and trenches, temporary huts, drilling, etc.- Allowable as deduction. [ S. 37(1)]

S. 245D : Settlement Commission-Settlement of cases-Procedure-Application-Unexplained investments-Search-Jewellery-Conclusion of Settlement Commission by accepting explanation in spirit of settlement could not be faulted calling for interference in exercise of writ jurisdiction. [S. 115BBE, 132, 245D(4), 245I, Art. 226]

S. 245D : Settlement Commission-Limitation-Delay in passing order not due to assessee-Delay could be condoned-SLP of Revenue is dismissed. [S. 245D(4A), 245D(4A)(iii),245HA(1)(iv), Art. 136]

S. 245D : Settlement Commission-Search and seizure-Suppression of sale-Abated on account of it not being true and full disclosure of unaccounted income on basis of volumetric report-Survey report-High Court also held that withdrawal of writ petition did not close any of rights of assessee to raise issue of illegality of survey report before Settlement Commission and, thus, by withdrawal of writ petition matter of challenge to volumetric measurement report could not become final-SLP of Revenue is dismissed. [S.132, 133A, 245C, 245D(4), Art. 136]

S. 234B : Interest-Advance tax-Application of seized or requisitioned assets-Seized cash can only be adjusted against tax liability of person from whom cash was seized and till date of framing of assessment of parties-Revenue had no authority to treat cash seized from possession of one person as cash belong to another person. [S.132(4), 132B(3),140A,153A, 260A]

S. 220 : Collection and recovery-Assessee deemed in default-Cash credits-Pendency of appeal before Tribunal-Not been able to make out prima facie case in its favour for stay on recovery proceedings and had also not been able to demonstrate financial stringency-Recovery proceedings is not stayed. [S. 220(6), 254(1), Art. 226]

S. 220 : Collection and recovery-Assessee deemed in default-Pendency of appeal before Tribunal-30 per cent of demand had already been recovered-Further recovery of tax demand is stayed till disposal of appeal by Tribunal.[S. 220 (6), 254(1) Art. 136]