1. VOLUME NO.: LLAT/1481 OF 2016-17 DATE: 21 June 2016
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Dear Client,
We have pleasure in listing below some of the recent legal landmarks.
SrNo Authority Section/Rules RATIO(S)
Citation /Subject CASE(NAME OF ASSESSEE)
1.1 PUN ITAT 92C ITA
Where in earlier years on similar facts margins declared by A was found to be at
arms length there was no merit in picking up fresh set of comparablesfor year under
appeal which as per A was not functionally similar.
1.2 67TM285 Transfer Pricing
Halliburton Technology India (P.) Ltd
2.1 DEL ITAT 92C 271(1)(c) ITA
Penalty could not be imposed simply because transfer pricing addition was accepted
by A.
2.2 67TM288 Penalty
Boston Scientific India (P.) Ltd
3.1 DEL ITAT 92C ITA
Comparable company having low level skilled employees could not be taken as
comparable as A was having highly qualified and technically competent employees.
3.2 67TM290 Transfer Pricing
Comverse Network Systems India (P.) Ltd
4.1 BANG ITAT 9 194J ITA
Where new promoter acquiring controlling interest of original promoter consideration
paid to him could not be treated as royalty and thus no tax was deducted at source.
4.2 67TM321 Deemed income
WiFi Networks (P.) Ltd
5.1 DEL ITAT 92C ITA
Where two segments of As activities were not analyzed between transaction to AE
and Non AE and A sought permission to present additional evidence in form of
segmental profit statement entire matter was remanded back.
5.2 67TM325 Transfer Pricing
RMSI (P.) Ltd
6.1 AMRT ITAT 115BBC ITA
Anonymous donation received without any specific direction of its purpose could not
be taxed.
6.2 67TM338 Determination of tax
All India Pingalwara Charitable Society
