1. VOLUME NO.: LLAT/749 OF 2016-17 DATE: 13 May 2014
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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 COCH ITAT 47 45 ITA
Where partners got consideration in form of loan instead of share capital exemption
on succession of a firm by co. was not allowed.
1.2 41TM160 Capital gains
K.T.C. Automobiles (P.) Ltd
2.1 DEL ITAT 22 23 ITA
Property occupied for business purpose is not utilised for running a business said
property income would be determined as per provisions of section 23(1)(a).
2.2 41TM161 House property income
Boltzen (P.) Ltd
3.1 DEL ITAT 9 40(a)(i) 195 ITA
Disallowance could not be made for non-deduction of TDS on payments made for
purchases from non-resident entities which did not have any PE in India.
3.2 41TM162 TDS
Mitsubishi Corporation India (P.) Ltd
4.1 GUJ HC 147 158BC ITA
Ressessment was not valid in relation to a matter which is subject matter of block
assessment as it was without jurisdiction.
4.2 41TM183 Reassessment
Yogeshbhai R Dhanak
5.1 P&H HC 37(1) ITA
Expenses on free sample distribution were allowable inspite of having no effective
sale during year.
5.2 41TM236 Deduction
Bazaar Decor (India) (P.) Ltd
6.1 RAJ HC 143 ITA
Since entire material was considered on record while confirming a part of addition no
question of law arose from TRIBs order.
6.2 41TM238 Assessment
Narendra Kumar Chaturvedi
