1. VOLUME NO.: LLAT/ 485 OF 2012-13 DATE: 9 th May, 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 HC 36, ITA Payment of royalty to a company for use of technology and technical
information for a prescribed period would not amount to capital
expenditure
1.2 20 TM 509 Deductions EKL Appliances
2.1 Del ITAT 28, ITA Profit on sale of bonus shares would be in the nature of capital gain.
Respectfully following this decision, it is held that the transactions
classified as LTCG and STCG, except sale of bonus shares, are in the
nature of business transactions. Income there from is rightly
assessable as business profits.
2.2 2012-TIOL-176 Busi.Gain Ajay Srivastava
3.1 Bang ITAT 194, ITA S.194J applies only when the technology or technical knowledge of a
person is made available to others and not when by using such
technical systems services are rendered to others.
3.2 2012-TIOL-199 Prof.Fees Bangalore Electricity Supply
4.1 ARA 9, ITA The two Consortium members entered into an MOU first and then into
an agreement between them separating their area of operations,
cannot alter the picture. Nor can the fact that payments were agreed
to be made to them separately for the work they had divided between
them affect the status they acquired when they came together to bid
for the work accepted in terms of the tender for the whole work.
4.2 2012-TII-21 DTAA ABC
5.1 Del HC 32, ITA When 'A' pays for business and commercial rights like business
claims, business records, contracts and skilled employees in a slump
sale of a running business, such rights are akin to a licence, eligible
for depreciation as intangible assets.
5.2 2012-TIOL-234 Depreciation Areva T & D India
6.1 Mum ITAT 92, ITA The TP provisions do not apply whenever there is a legal obligation to
pay, then the entire objective of the provisions will be defeated. The
issue which the TPO requires to adjudicate is not whether the “a” has
a legal obligation to pay and the payment made is for the purpose of
business etc, but only to determine the ALP of the transaction If the
transactions are, in the opinion of the TPO, not at arm’s length, the
required adjustment has to be made, as provided in the Act,
irrespective of the fact that the expenditure is allowable under other
provisions of the Act.
6.2 2012-TII-42 TP Deloitte Consulting India
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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