1. VOLUME NO.: LLAT/769 OF 2016-17 DATE: 5 June 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 GUJ HC 5 ITA
Retention money withheld by employer of contract for satisfactory execution of
contract by A was to be taxed in assessment year relevant to previous year in which
it became payable to A as per terms of contract.
1.2 45TM429 Accrual Income
Amarshiv Construction (P.) Ltd
2.1 DEL ITAT 9 195 40(a)(i) ITA
Where payment was remitted directly abroad to non-resident agent for carrying out
export sales of products of A an Indian Company outside India merely because an
entry in books of account was made in books of Indian Company it did not mean that
non-r
2.2 49TM577 TDS
Ambica Steels Ltd
3.1 KOL ITAT 92C ITA
When for all purposes of execution and cancellation rates specified by contract were
applied which was in accordance with prevalent practice of trade also it was wrong
on part of TPO to compare MPOB rates as on date of invoice when valid contracts
we
3.2 46TM105 Transfer Pricing
Ambo Agro Products Ltd
4.1 HYD ITAT 9 ITA
A in course of rendering software development services to its parent company
located abroad made payment of engineering services availed by said parent
company from another Indian company and made it available to A payment so made
was to be regarded
4.2 53TM300 Deemed income
AMD Research & Development Center India (P.) Ltd
5.1 KAR HC 10A 251 ITA
Since proceedings before CIT (A) being continuation of assessment process and
audit report was produced at that stage CIT (A) was duty bound to take note of said
audit report and grant benefit.
5.2 45TM379 Appeal to CIT (A)
American Data Solutions India (P.) Ltd
6.1 BOM HC 127 131 ITA
Opportunity of hearing should be given to A to explain whether not responding to
summons issued under section 131(1A) was sufficient reason to transfer its
assessment from one place to another.
6.2 46TM138 Power to transfer
Amin Manilal & Co. (P.) Ltd
