Legal Landmarks

1. VOLUME NO.: LLAT/832 OF 2016-17 DATE: 19 August 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 P&H HC 2(14) 28(i) ITA
CG was taxable even if cost of inherited property wasnt ascertainable but its market
value was available
1.2 47TM086 Cap. Gain
Thakur Dwara Shri Krishanji Maharaj Handiyaya
2.1 DEL ITAT 153C ITA
In TP proceedings Tribunal cant comment on choice of comparables on basis of new
pleas under domain of AO
2.2 46TM142 Assessment
Steelcase Asia Pacific Holdings India (P.) Ltd
3.1 MAD HC 92C ITA
Cash loan taken at the time of financial crisis to meet business necessity wont invite
penalty u/s 271D
3.2 53TM017 TP
T. Perumal (Indl.)
4.1 BOM HC 92C ITA
Commission paid for procuring bullion was disallowed as there was no evidence of
services rendered by agent
4.2 53TM029 TP
Sureshkumar G. Hundia
5.1 GUJ HC 92B ITA
Income declared in return couldnt be deemed as undisclosed if return was filed
before the date of search
5.2 52TM450 TP
Smt. Muktaben J. Patira
6.1 DEL HC 92C ITA
No reassessment to tax NR at higher rate when he had claimed benefits of
India-Australia DTAA during assessment
6.2 53TM035 TP
Standard Chartered Grindlays (P.) Ltd