Legal Landmarks

1. VOLUME NO.: LLAT/1524 OF 2016-17 DATE: 10 August 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 PAT HC 142(1) 143(2) 36(1)(va)
From the amendments made to S 43B and the intention of Parliament there appears
to be sufficient justification for taking the view that the employees and the employers
contribution ought to be treated in the same manner
1.2 96CCH112 Estimate by VO
BIHAR STATE WAREHOUSING CORPORATION LTD
2.1 MUM ITAT 9(1)(vi)
Consideration received for sale of computer software programme in CD Rom is not
assessable as royalty.
2.2 ITA No 7048_2010 Deemed income
Baan Global BV
3.1 BOM HC 254(2)
A Writ Petition filed little after four months of receipt of impugned order suffers from
delay. If the Writ Petition does not explain the reasons for the delay it is liable to be
dismissed
3.2 WP No 1227_2016 Appeallable orders
Shirpur Gold Refinery Ltd
4.1 MUM ITAT 92B
AMP exp couldnt be held as international transaction just because it benefited AE
indirectly
4.2 72TM086 Transfer pricing
Mattel Toys (India) (P.) Ltd.
5.1 DEL ITAT 54F
Usage of second residential house as office wont lead to denial of S 54F relief
5.2 72TM147 Exemption from CG
Sanjeev Puri
6.1 SC 28
Rent receipts taxable as business profits and not as house property income if letting
out is business of A
6.2 72TM149 Business Income
Rayala Corporation (P.) Ltd