1. VOLUME NO.: LLAT/1493 OF 2016-17 DATE: 5 July 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 SC 9 ITA
Wheeling charges paid to Power Grid Corporation could not be treated as Fees for
technical services.
1.2 68TM231 Deemed income
Delhi Transco Ltd.
2.1 KOL HC 80-I ITA
Deduction under section 80-I could not be denied where A dismantled old plant and
used same at new industrial unit which constituted less than 20 per cent of cost of
new plant.
2.2 68TM236 Deduction
Nalco Chemicals India Ltd.
3.1 AHD ITAT 28(i), 14A ITA
Since carbon credits for activity of using agricultural waste as fuel was not being
linked with power generation; therefore; amount received on transfer of Carbon
credits would be capital receipt as same did not have an element of profit or gain.
3.2 68TM237 Business income
Kalpataru Power Transmission Ltd
4.1 KAR HC 254,12A, 11, 13 ITA
Condonation of delay in filing appeal was not allowable where A failed to reveal the
source of wrong advice given by its counsel.
4.2 68TM245 Appeal
Spporthi Sadan Convent
5.1 DEL ITAT 92C ITA
RPM is the most appropriate method (MAM) for determining ALP for trading
segment;
5.2 68TM247 Transfer Pricing
Delta Power Solution India (P.) Ltd.
6.1 BOM HC 92C ITA
Companies whose clients are mainly public sector undertakings (PSU) can not be
selected as comparable for TP study as contracts between PSU were not driven by
profit motive alone but also social considerations etc.
6.2 68TM248 Transfer Pricing
Thyssen Krupp Industries India (P.) Ltd
