1. VOLUME NO.: LLAT/805 OF 2016-17 DATE: 17 July 2014
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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 272B ITA
Penalty was not leivable on failure to mention PAN of a few deductees in TDS return
due to their non-availability.
1.2 58TM134 Penalty
Executive Engineer
2.1 MUM ITAT 35 ITA
Deduction under section 35(2AB) was not allowable due to delay in filing of approval
report by prescribed authority to I-T department.
2.2 52TM461 Deduction
Famy Care Ltd
3.1 MUM ITAT 37(1) ITA
Expenses incurred by jeweller to enhance its brand image was in nature of revenue
expenses.
3.2 48TM016 Deduction
Fine Jewellery (India) Ltd
4.1 MAD HC 234D ITA
Where assessment was made prior to insertion of S 234D A was liable to pay
interest on excess refund.
4.2 47TM364 Interest
Fisher Sanmar Ltd.
5.1 MUM ITAT 9 ITA
Standby maintenance charges of telecommunications link cable system are not fees
for technical services.
5.2 59TM411 Deemed income
Flag Telecom Group Ltd.
6.1 BANG ITAT 92C ITA
ALP of technical service fee cannot be nil without considering break-up of cost
incurred by AE.
6.2 58TM085 Transfer Pricing
Fosroc Chemicals India (P.) Ltd
