1. VOLUME NO.: LLAT/1482 OF 2016-17 DATE: 22 June 2016
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Dear Client,
We have pleasure in listing below some of the recent legal landmarks.
SrNo Authority Section/Rules RATIO(S)
Citation /Subject CASE(NAME OF ASSESSEE)
1.1 SC 40(a)(ia) 194J 9(1)(vi) ITA
Transaction charges paid to the BSE by its members are not fee for technical
services as BSE isn't providing customized services to members.
1.2 67TM356 Deemed income
Kotak Securities Ltd
2.1 MUM ITAT 9 ITA
Amount paid for installation and commissioning services to seller of machinery
couldn't be treated as fee for tech services and no TDS was required to be deducted.
2.2 67TM370 Deemed income
Gujarat Pipavav Port Ltd
3.1 MUM ITAT 69 143 ITA
No reason to suspect the claim of purchases of goods when A is able to support the
said claim with documentary evidences. Theory of human probability cannot be
applied to only part of transactions instead of whole round of transactions.
3.2 ITA No 3823_2014 Unexplained investment
Maruti Impex
4.1 MUM ITAT 68 ITA
Additions should be deleted where the same have been made by AO by putting A to
enormous harassment and inconvenience and having no distant connection with the
material on record.
4.2 ITA No 5302_2012 Income from CC
Mintu Sayermal Jain
5.1 MUM ITAT 69 ITA
AO was not justified in making additions merely on the basis of information obtained
from the Sales Tax Department of the Government of Maharashtra without
conducting any independent enquiries.
5.2 ITA No 5427_2015 Unexplained investment
Imperial Imp & Exp
6.1 DEL ITAT 68 ITA
Since AO failed to discharge his burden of proof and unable to establish that the
credit of deposit in the bank account was from undisclosed sources therefore
addition was deleted.
6.2 ITA No 5500_2013 Income from CC
Hitender Pal Singh
