1. VOLUME NO.: LLAT/ 507 OF 2012-13 DATE: 22nd 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 AP HC 37, ITA The royalty paid by the 'A' for know-how and trade mark is in the
nature revenue expenditure.
1.2 12-TIOL-398 Busi. Exp Artos Breweries Ltd
2.1 DEL HC 245C, ITA No immunity is granted in respect of income contained in the
seized papers on the basis of which computation of income has
been made in the settlement application and which has been
held not to belong to the applicant company. The department will
be free to initiate penalty and prosecution proceedings in respect
of these papers in appropriate hands as per law.
2.2 12-TIOL-405 Settlement Gupta Perfumers Pvt Ltd
3.1 DEL HC 80IA, ITA In regard to income from software, the development of software
is certainly a separate source of business income of the
appellant different from providing Telecommunication services.
Thus, this income cannot be said to the income derived from the
eligible business of providing Telecommunication service.
3.2 12-TIOL-406 Deduction Essel Shyam Communication
4.1 CHEN ITAT 2(22), ITA For purpose of meeting financial requirements of subsidiary
companies, holding company availed loans from same
subsidiaries and advanced same to other subsidiaries, such loan
transactions would not partake character of deemed dividend
4.2 21 TM 462 Deemed Div Farida Holdings (P.) Ltd
5.1 CHEN ITAT 147, ITA Re-assessment on retracted statement taken during survey is
not permissible
5.2 21 TM 477 Reassessment Dr. J. Mohan
6.1 MUM ITAT 9, ITA A company is not PE of its foreign co-venture just because it
rendered few services for car sold by co-venturer in India
6.2 21 TM 478 DTAA Daimler Chrysler AG
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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