1. VOLUME NO.: LLAT/ 491 OF 2011-12 DATE: 19th 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 Ker HC 158BC, ITA When block assessment of any item is made based on
evidence collected in the course of search, the assessment
u/s 158BD is supported by statutory provision namely,
S.158BB. The Tribunal cannot cancel the assessment of
undisclosed income if the same is based on tenable and
acceptable evidence recovered in the course of search and
which is not disproved by the “a”
1.2 2012-TIOL-352 Block Assessment A M Fazil, Alappuzha
2.1 Ahd HC 47, ITA While computing the CG on sale of jewelery which was
received as part of inheritance to “a”, the reverse indexing
method has applied for valuation of the jewelery on a
particular date for the WTA purpose and which was accepted
by the revenue for the impugned AY and not as on the date of
sale of the jewelery.
2.2 2012-TIOL-351 Busi.Inc Deceased Shantadevi Gaekwad
3.1 Del HC NRI 9, ITA At the stage of issuing notice to reopen the assessment, the
merits of the matter are to be decided .Despite the 'A's status
as non-resident, when 'A's money was kept and retained in
the bank account of a company as per directions/ instructions
issued from India, he would be assessable in respect of the
commission income received by him outside India for services
rendered by him outside India.`
3.2 2012-TII-16 DTAA Aditya Khanna
4.1 Pun ITAT 9, ITA Licence charges received by “a”, a nonresident company from
its Indian affiliates for grant of user right in a copyrighted
software amounted to its business income which could not be
brought to tax in India as royalty
4.2 21TM62 DTAA Allianz SE
5.1 Mum ITAT 9, ITA Overseas commission agent, responsible to recover payment
from customer, cannot be held as rendering ‘managerial
services’
5.2 21TM130 FTS Armayesh Global
6.1 Del HC 158BD, ITA Income must be assessed and taxed in the hands of the real
owner or recipient even though the income has been
assessed in the hands of a third person because of the
declaration made in the return.
6.2 2012-TIOL-354 Undisclosed Inc A K Jain
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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