This document provides a summary of recent legal landmarks from various authorities: 1. The Income Tax Appellate Tribunal (ITAT) ruled that interest must be allowed on tax deducted at source (TDS) refunds. 2. The ITAT classified certain professional fees as independent personal services (IPS) rather than fees for technical services (FTS) under the India-US tax treaty. 3. The ITAT found that benchmarking cannot be done at the entity level when the assessed entity has both international and domestic transactions.

1. VOLUME NO.: LLAT/1509 OF 2016-17 DATE: 23 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 CHENN ITAT 244A 263
Interest to be allowed on TDS refund
1.2 70TM068 Refunds
Indian Overseas Bank
2.1 MUM ITAT 9 195 40(a)(i)
Fee for professional services not FTS but IPS( independent personal services) under
Indi US DTAA
2.2 70TM069 Deemed Income
BSR & Co.
3.1 BANG ITAT 92C
Benchmarking couldnt be done at entity level when A was having both international
& domestic transactions
3.2 70TM073 Transfer Pricing
Kshema Technologies Ltd
4.1 COCH ITAT 2(14)
Just because there exists a compound wall and a house it will not change the nature
of land as agricultural
4.2 70TM120 Capital gain
T.C. Vavachan
5.1 DEL ITAT 92C
For Transfer Pricing need to see only international transactions and not total sales
5.2 70TM121 Transfer Pricing
Federal Mogul Automotive Products (India) Ltd
6.1 DEL ITAT 92C
An entity otherwise comparable ceases to be so if its related party transactions
exceed 25% of turnover
6.2 70TM122 Transfer Pricing
NTT Data Global Delivery Services Ltd