This document provides a summary of recent legal landmarks in India across various jurisdictions: 1. The Madras High Court ruled that a debatable issue cannot be settled via a prima facie adjustment under section 143(1)(a) of the Income Tax Act. 2. The Rajasthan Tax Appellate Tribunal held that registration cannot be denied if the winding up or dissolution clause in an organization's documents is in conformity with the conditions in the Act. 3. The Delhi Income Tax Appellate Tribunal stated that direct comparable companies must be considered for transfer pricing analysis over segmental financial results. 4. The Punjab and Haryana High Court ruled that if income is not chargeable to tax under a

1. VOLUME NO.: LLAT/737 OF 2016-17 DATE: 28 April 2014
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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 MAD HC 143 ITA
Debatable issue cannot be settled by way of prima facie adjustment under section
143(1)(a).
1.2 40TM465 Assessment
Hackbridge Hewittic & Easun Ltd
2.1 RJKT ITAT 12AA 12A ITA
Registration could not be denied where winding up or dissolution clause contained in
memorandum and articles of association was in conformity with conditions laid down
under Act.
2.2 40TM466 Registration
Smt. Sulochnadevi Education Foundation
3.1 DEL ITAT 92C ITA
While selecting comparables segmental results cannot be considered if direct
comparables are available.
3.2 40TM467 Transfer Pricing
Premier Exploration Services (P.) Ltd
4.1 PANJ ITAT 9 195 ITA
Even though provisions of section 9(1)(vii) are applicable due to DTAA between India
and Portugal if income is not chargeable to tax DTAA will prevail and income will not
be chargeable to tax in India.
4.2 40TM477 Deemed income
Cedrick Jordan da Silva
5.1 CHENN ITAT 13 11 ITA
Amount advanced by A to contractor firm was business advance for ongoing
construction work in normal course of business activity aforesaid advances would not
come within ambit of advances under section 13(1)(d).
5.2 40TM478 Exemption
Sri Vekkaliamman Educational & Charitable Trust
6.1 P&H HC 272A 203 ITA
Penalty was to be deleted as A was prevented by sufficient cause in not issuing
Form 16A within prescribed time to persons from whom tax was deducted as PANs
of deductees were not available with him.
6.2 40TM483 Penalty
Collector Land Acquisition Department of Industrial & Commerce