This document provides a summary of recent legal landmarks from various tax authorities in India. It lists 6 rulings covering topics such as whether bandwidth charges constitute fees for technical services, when benefits received from a trust would not be considered taxable income, limits on related party transactions when sufficient comparables are available, applying the same transfer pricing method for similar transactions in different years, whether corporate guarantees fall under transfer pricing provisions, and the distinction between portfolio management and investment advisory services. Each ruling cited includes the authority, section/rules discussed, ratios, and name of the assessed party.

1. VOLUME NO.: LLAT/1511 OF 2016-17 DATE: 26 July 2015
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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 DEL ITAT 9 194J
Even if technical a gadget is not service- no FTS in case of Bandwidth charges
1.2 70TM179 Deemed Income
Primenet Global Ltd
2.1 BANG ITAT 166 143 56
benefit received from a trust is not gift- not taxable as income from other sources
2.2 70TM185 Liability in SC
Mrs. Sharon Nayak
3.1 BANG ITAT 92C
if sufficient number of comparables are available limit for Related Party Transaction
would be 15% of turnover
3.2 70TM189 Transfer Pricing
LSI Technologies India (P.) Ltd
4.1 MUM ITAT 92C
if TPO had used Internal TNMM for subsequent year he can not reject it for an earlier
year for similar transaction
4.2 70TM213 Transfer Pricing
Bayer CropScience Ltd
5.1 MUM ITAT 92C 92B
Transaction of corporate guarantee does not attract transfer pricing provisions
5.2 70TM214 Transfer Pricing
Marico Ltd.
6.1 MUM ITAT 92C
portfolio management services ' investment advisor services
6.2 70TM219 Transfer Pricing
AGM India Advisors (P.) Ltd