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Once TDS deducted u/s 194J and income declared u/s 44AD by the matriculation passed assessee, no addition permitted u/s 44ADA
Absence of valid sanction u/s 279(1) renders prosecution launched for wilful evasion of tax, invalid
Payment made to non-resident company for providing roaming services cannot be characterized as ‘royalty’
Payment towards research program which would benefit taxpayer in long term should be allowed as deduction u/s 37(1)
Absent service component, sale of software cannot be taxed as FTS
Penalty u/s 43 of Black Money Act is levied for non-reporting of overseas investments and not for making investments from unaccounted money
Sec 9(a)(ii) VSV Act excludes taxpayers against whom prosecution was filed on or before date of filing of declaration of ‘tax arrears’
If Assessee is cash-rich entity, AO cannot presume that it had infused significant funds by way of equity in JV Company, for making disallowance under Rule 8D
Routing unaccounted money using listed paper companies, amounts to ‘colorable device’ & fraud on I-T Dept
Reimbursement of cost will be taxable as FTS in absence of evidence of actual cost-allocation & its incurrence
