1. VOLUME NO.: LLAT/840 OF 2016-17 DATE: 28 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 BOM HC 194C ITA
Brokerage in respect of securities transactions is outside the ambit of S 194H TDS
1.2 46TM397 TDS
SHCIL Services Ltd
2.1 DEL HC 153C ITA
Mere change in jurisdiction of A due to change in place of business wont necessitate
S 127 order
2.2 46TM169 Assessment
S.S. Ahluwalia
3.1 JAIP ITAT 153C ITA
Agricultural land was to be measured when municipal limits were first notified and not
when it was sold
3.2 46TM149 Assessment
Satya Dev Sharma
4.1 DEL ITAT 14A ITA
(i) Expenditure (like audit fees) required to be incurred irrespective of income cannot
be disallowed (ii) investments in subsidiaries are not to earn dividend income and
cannot be considered for disallowance
4.2 ITA No 4448_2013 Disallowance
Pioneer Radio Training Services Pvt. Ltd
5.1 LKW ITAT 14A ITA
(i) Investments in subsidiaries & JVs are for strategic purposes and not for earning
dividend and so the expenditure cannot be disallowed (ii) If the AO does not deal
with the As submissions and merely says not acceptable it means he has not
recorded
5.2 ITA No 538_2012 Disallowance
U. P. Electronics Corporation Ltd
6.1 MAD HC 271(1)(c) 69 ITA
A liable to penalty on declaration of NRE gifts during survey as he failed to prove
genuineness of gifts
6.2 60TM080 Penalty
R. Padmanabhan
