This document provides a summary of recent legal landmarks from various courts and tribunals in India. It lists 6 cases covering issues like the allowability of warranty expenses as tax deductions, block assessment procedures, rectification and reassessment powers, tax deducted at source obligations, evidentiary value of statements recorded during surveys, and the genuineness of transactions between commonly managed entities. The client is thanked and assured of best services.
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LLAT 495
1. VOLUME NO.: LLAT/ 495 OF 2012-13 DATE: 04th June, 2012
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 Mad ITAT 37, ITA The provisions for warranty expenses are contingent
liability and hence not allowable as deduction
1.2 12-TIOL-237 Busi.Exp Vistas Wind Technology India
2.1 Coch ITAT 158BD, ITA Block assessment of firm not justified, if initiated
because its one partner is subject to search
proceedings
2.2 21 TM 216 Block Kothamangalam Aggregates Nelkrishi
Assessment
3.1 Mum ITAT 148, ITA Re-assessment and rectification both can't be kicked
off on same ground
3.2 21 TM 217 Assessment Nawany Corp
4.1 Mum ITAT 194, ITA A payee can't be treated as an 'A'-in-default for not
deducting the tax at source
4.2 21 TM 225 TDS Piramal Healthcare
5.1 Chd ITAT 133, ITA Statement recorded by Income-tax Inspector during
survey has no evidentiary value and not comparable to
evidence gathered during invalid search.
5.2 21 TM 254 Power Rajdeep Builders
6.1 Mum HC 260A, ITA Both the 'A' and the company of which the 'A' held
redeemable preference shares were juridical entities
and the mere fact that both were under common
management would not necessarily indicate that the
transaction of redemption was not genuine.
6.2 21 TM 267 Appeal Enam Securities
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
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