Legal Landmarks

1. VOLUME NO.: LLAT/764 OF 2016-17 DATE: 30 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 DEL ITAT 92C ITA
While determining net operating profit margin numerator and denominator in
computation of operating profit margin of A must be similar to those of comparables.
1.2 67TM095 Tranfer Pricing
Agilent Technologies India (P.) Ltd
2.1 ALLBD HC 2(15) 12AA ITA
Registration under section 12A could not be allowed to A trust where dominant
object underlying constitution of trust was for benefit of only Agrawal community.
2.2 45TM273 Registration
Agrawal Sabha
3.1 DEL HC 142(2A) ITA
Settlement Commission has no right to direct a special audit u/s 142(2A) in the
course of settlement proceedings as the same is outside the purview of settlement
proceedings.
3.2 65TM051 Special Audit
Agson Global (P.) Ltd.
4.1 GUJ HC 41(1) ITA
Excise duty refund would be taxable u/s 41(1).
4.2 57TM061 Deemed profits
Ahmedabad Advance Mills Ltd
5.1 GUJ HC 234B 143 154 ITA
Interest should be charged when income of A is changed under section 154 even if
no interest was charged at time of framing regular assessment.
5.2 55TM269 Interest
AIMS Oxygen Ltd
6.1 MUM ITAT 37(1) ITA
Where AO disallowed As claim for commission paid to intermediary companies as
the same was in nature of prohibited payment in view of fact that said payment was
duly approved by RBI impugned disallowance deserved to be deleted.
6.2 47TM058 Deduction
Air Pac Exports