Legal Landmarks

1. VOLUME NO.: LLAT/852 OF 2016-17 DATE: 9 September 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 CHENN ITAT 12AA ITA
Registration of trust cant be cancelled due to non-filling of return of income
1.2 60TM183 Registration
Shine Educational & Social Welfare Trust
2.1 ALLBD HC 9 147 195 ITA
Re-opening of assessment is valid as AO later found that foreign co. had a
subsidiary PE in India
2.2 57TM178 Deemed Income
Principal Officer L.G. Electronics (P.) Ltd
3.1 DEL ITAT 92CA(3) ITA
Resale Price Method applies even where the goods are bought from an AE and sold
to another AE
3.2 ITA No 5748_2011 Transfer Pricing
Yamaha Motor India Pvt. Ltd
4.1 LKW ITAT 92C ITA
Resale Price Method cant be applied to benchmark export of goods to AE
4.2 59TM327 Transfer Pricing
Super House Leather Ltd.
5.1 JAIP ITAT 5 ITA
Salary of NR for rendering service in US wont be taxed in India as per DTAA even if
salary was received in India
5.2 67TM240 Accrual Income
Neeraj Badaya
6.1 KER HC 28(1) 2(13) ITA
Sale of barren land within short duration couldnt deemed as sale of agricultural land
held as business activity
6.2 62TM022 Business income
N.A. Baby