1. VOLUME NO.: LLAT/ 502 OF 2012-13 DATE: 16th June, 2012
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Dear Client,
We have pleasure in listing below some of the recent legal landmarks.
SR. AUTHORITY SECTION / RULES RATIO(S)
NO. CITATIONS / SUBJECT CASE(NAME OF ASSESSEE)
1.1 DEL ITAT 234B, ITA Failure of payer to TDS while making payment to non-resident
results in liability of non-resident to pay income-tax in respect of
such payments and not advance tax and, thus, in such a case,
interest u/s 234B can not be levied on non-resident.
1.2 21 TM 302 TDS Alcatel Lucent USA Inc
2.1 BANG ITAT 37(1), ITA Where the 'A' Co pays Rs 15 lakhs for acquiring corporate
membership of a club, such a payment has to be allowed
proportionately over 10 years in view of Accounting Standard 26
2.2 21 TM 304 Busi.Exp G. Corp
3.1 COCH ITAT 80HHC, ITA While computing deduction u/s 80HHC, indirect costs attributable
to export of trading goods has to be first determined and then
proportion of trading goods turnover to total turnover be applied to
it
3.2 21 TM 308 Deductions Kerala Nut Food
4.1 ALL HC 10, ITA Conveyance allowance received by Development Officers of LIC
as reimbursement in respect of actual expenses incurred by them
in performance of their duties is a permissible deduction.
4.2 21 TM 310 Busi.Exp Sr. Branch Manager, L.I.C. of India
5.1 DEL HC 260, ITA The Notifications issued by CBDT prior to amendment taking
away power to notify shall continue to remain valid unless
amended provision states that notifications issued earlier shall
cease to have effect when amendment comes into force.
5.2 21 TM 317 Appeal Container Corporation of India
6.1 MUM ITAT 40, ITA The provisions of section 40(a) are not applicable in case of
charitable trust or institution where income and expenditure is
computed in terms of section 11.
6.2 21 TM 321 Busi. Exp Mahatma Gandhi Seva Mandir
Please let us know if you need any further information on these.
Thanking you and assuring you of our best services at all times.
Yours Faithfully,
For Anand Mehta & Co .,
(CONSULTANTS) PVT. LTD.
Anand V. Mehta
DIRECTOR
A mind of a consultant with a heart of a friend.
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