1. VOLUME NO.: LLAT/ 515 OF 2012-13 DATE: 2nd July, 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 Trib 49, ITA Indexation benefit available in S.49 cases from the date the
capital asset was held by previous owner (PO) not merely from
date the 'a' acquires it from PO. The expression “held by the a”
to S. 48 should be interpreted to include the period during
which the property was held by the PO.
1.2 18 TM 261 Bus inc Arun shungloo Trust
2.1 Del Trib 68, ITA Where share application money entry racket is unearthed,
burden of proof u/s 68 not discharged by merely submitting
documentary evidence.
2.2 18 TM 217 Cash Credit Nova Promoters & Finlease (P.) Ltd
3.1 Hyd Trib 54F, ITA No exemption u/s 54F is allowed if new house is purchased
through borrowed funds
3.2 18 TM 265 Cap. Gain Smt. V. Kumuda
4.1 Del Trib 9, ITA Merely because “a”, a US company, appointed agents in India
and also opened liaison offices in India, it could not be said that
“a” had a PE in India
4.2 18 TM 306 DTAA Western Union Financial Services Inc.
5.1 AAR 9, ITA Payment received by an Australian company, from its Indian
distributor for sale of applicant's software product in India, is
royalty
5.2 18 TM 172 DTAA Citrix Systems Asia Pacific Pvt. Ltd.,
6.1 Vish Trib 254, ITA Order of Tribunal is binding on all tax authorities unless its
operation is suspended by High Court
6.2 18 TM 101 Order Cargo Handling (P.) Workers Pool
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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