1. VOLUME NO.: LLAT/ 494 OF 2012-13 DATE: 23rd 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 ITAT 9, ITA Payment made to foreign company to impart distance e-learning
education is not royalty
1.2 21 TM 171 DTAA Hughes Escort Communications
2.1 Indo ITAT 36, ITA Interest on borrowed capital allowed as deduction despite being
capitalized in books of account.
2.2 21 TM 172 Depreciation Madhya Pradesh Police Housing
3.1 Ahd ITAT 92C, ITA Secondment of employees to foreign AE is not HR activity, TP
analysis not required
3.2 21 TM 173 ALP Mastek
4.1 Mum HC 80HHC, ITA Depreciation has to be allowed while computing deduction, even
if not claimed by 'A' in return of income
4.2 21 TM 178 Deduction V.M. Salgaonkar & Brothers
5.1 Kar HC 9, ITA Make available' means the twin test of rendering services and
making technical knowledge available at the same time is
satisfied. To satisfy the 'make available' condition, it is
imperative that the technical knowledge or skills of the service
provider should be imparted to and absorbed by the receiver so
that the receiver can deploy similar technology or techniques in
the future without depending upon the provider. If technical
services are only rendered and the technical knowledge is
withheld from recipient service, the 'make available' condition
under DTAA is not satisfied and consideration for such technical
service is not liable to tax in terms of DTAA.
5.2 21 TM 214 DTAA De Beers India Minerals
6.1 Del HC 80I, ITA The AO can reopen the assessment u/s 147 on those issues
which were already examined and allowed at the time of framing
the original assessment - the reassessment can be opened on
the mere change of opinion when no new material fact came to
the knowledge of the AO after passing of the original
assessment order.
6.2 12-TIOL-365 Deduction Jagson International
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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