1. VOLUME NO.: LLAT/ 473 OF 2011-12 DATE: 21st March , 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 9, ITA Where in pursuance of agreement entered into with a chain
of hotels in India, 'a' provided marketing and advertising
services outside India, amount received was not taxable as
'fees for technical services'
1.2 19 Taxman 122 DTAA Sheraton International Inc
2.1 Del ITAT 9, ITA Article 12 of DTAA between India and Singapore taxes
royalty/FTS on gross basis and does not permit deduction of
expenses
2.2 19 Taxman 123 DTAA CSC Technology Singapore Pte
3.1 Kar HC 158BC, ITA Payments on which TDS is deducted, cannot be said to be
undisclosed
3.2 19 taxman 129 Block Assessment S. Ramachandran and Co.
4.1 Del ITAT 32, ITA Website is intangible asset and not software; it would fall
under definition of intangible asset on which depreciation @
25% is allowable
4.2 19 taxman 137 Depreciation Makemytrip (India)
5.1 Mum ITAT 143, ITA Interest on refund is to be taxed under Article 11 or as
business income. The expression “Attributable” to used in the
India-US treaty is narrower in scope than the expression
“effectively connected”.
5.2 2012-TII-21 DTAA Bechtel International Inc
6.1 Mum ITAT 36, ITA If the 'a' has interest free funds as well as interest bearing
funds at its disposal, then the presumption would be that
investments were made from interest free funds available
with the 'a'.
6.2 19 taxman 107 Deduction Pranik Shipping & Services
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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