1. VOLUME NO.: LLAT/ 511 OF 2012-13 DATE: 27th 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 HYD ITAT 92CA, ITA In case assets of comparables are beyond comparison, NP
before depreciation to be taken for TNMM method
1.2 22 TM 4 TP Qual Core Logic Ltd
2.1 KAR HC 9, ITA Consideration paid by Indian customers or end-users to foreign
supplier for transfer of right to use software/computer
programme in respect of copyrights would fall within mischief of
royalty
2.2 22 TM 9 DTAA Rational Software Corpn. (India) Ltd
3.1 KOL ITAT 37, ITA Prepayment penalty charges and upfront term loan charges for
prepaying old costly loan and availing new loan at lower
interest rate are revenue expenditure
3.2 22 TM 11 Busi. Exp Sarat Chatterjee & Co. (VSP) (P.) Ltd
4.1 ARA INTL 9, ITA When in terms of the agreement inspection and the
boroscoping activity takes place in India, a portion of the
consideration must be assigned to these activities. Such
amount would be fees for technical services under the Act, the
same would be fees for included services under the Treaty
4.2 2012-TII-27 DTAA Solar Turbines International Co
5.1 MUM ITAT 194A, ITA When the 'A' reimburses interest payments to parent company
for availing loans under its borrowing facility given by the bank,
it is interest in disguise- TDS obligation does arise u/s 194A
5.2 12-TIOL-276 TDS Onward E-Services Ltd
6.1 DEL HC 13(3), ITA Charging the same fee may be relevant but may not
determinative for deciding whether or not direct or indirect
benefit in the form of use of property or income of the
institution, by a member has taken place during the relevant
previous year. In the present case, it will require examination of
the expenditure incurred on the training and whether this was a
“benefit” to the persons mentioned in Section 13(3).
6.2 12-TIOL-411 Sp. Provision Maruti Center For Excellence
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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