1. VOLUME NO.: LLAT/1489 OF 2016-17 DATE: 30 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 AHD ITAT 69 ITA
VCD was found in which A paid money to a witness for becoming hostile and
consequently AO treated said amount as unexplained payment but did not
corroborate said transaction by any other evidence action of AO was not justified.
1.2 68TM198 Unexplained investment
Mahendrabhai B. Shrivastav
2.1 DEL ITAT 145 ITA
Books of accounts were incorrectly rejected without holding that the books of
account was incorrect or incomplete or correct profits could not be deduced.
2.2 ITA No 2043_2013 Accounting method
Samwon Precision Mould Mfg. (India) P. Ltd.
3.1 MUM ITAT 4 5 ITA
Accrual of income does not arise where debtor is in a precarious financial position
and recovery is doubtful.
3.2 ITA No 39_2007 Accrual Income
Bechtel International Inc
4.1 ALRT ITAT 143(3) ITA
Assessment order passed ex-parte by AO was in violation of specific CBDT
Instruction and the same is not legally sustainable.
4.2 ITA No 87_2016 Assessment
Gurpreet Kaur
5.1 DEL ITAT 92C ITA
T.P.O. made T.P. addition treating export as of normal stock but himself had not
disputed classification of goods as old stocks addition made was to be deleted.
5.2 68TM096 Transfer Pricing
Adidas India Marketing (P.) Ltd
6.1 DEL ITAT 9 ITA
Since training to employees of end users of software sold by A for which
consideration had been received was ancillary to sale of software; it was to be
treated as business receipts under article 7 of DTAA between India and U.K.
6.2 68TM097 Deemed income
Datamine International Ltd.
