The document provides a summary of recent legal landmarks across various high courts and appellate tribunals in India. It includes 6 cases covering topics such as: 1. Withdrawing an appeal on a particular issue before the tribunal is treated as no appeal on that ground. 2. A delay of 373 days in filing an appeal due to gross negligence was not accepted. 3. Payment to a group company for use of an intranet facility was considered royalty income. 4. Benefit of a tax exemption section should be extended to the entire land compensation amount awarded by courts, not just the lower amount set by acquisition officers. 5. Question of fair market value of property converted to stock is

1. VOLUME NO.: LLAT/789 OF 2016-17 DATE: 28 June 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 BOM HC 254 ITA
Once A had withdrawn challenge on a particular issue by not pressing it before
Tribunal it was as good as no appeal on that ground before Tribunal for
consideration.
1.2 53TM280 Rectification
Cenzer Industries Ltd
2.1 MUM ITAT 253 ITA
Where A filed its appeal with a delay of 373 days taking a plea that it was under a
bona fide belief that appeal had been filed by concerned head of its taxation
department within prescribed time it being a case of gross negligence on part of A
appea
2.2 57TM420 Appeal
Cenzer Industries Ltd
3.1 KAR HC 195(1) 9(1)(vi) ITA
Payment to group company for use of intranet facility is royalty.
3.2 48TM264 Deemed income
CGI Information Systems & Management Consultants (P.) Ltd
4.1 AP HC 54H ITA
Benefit of section 54H should be extended to entire amount of compensation as
enhanced by Court and would not only be restricted to amount awarded by Land
Acquisition Officer.
4.2 50TM108 Exemption
Chakiri Ashok Kumar
5.1 BOM HC 45 148 ITA
Question of determining FMV of property of A converted into stock-in-trade from
investment is a question of fact which can not be determined in writ jurisdiction.
5.2 54TM194 Capital gain
Chandler Investment & Trading Company (P.) Ltd
6.1 ALLBD HC 153 ITA
As soon as injunction of Court is vacated period of limitation shall re-start even
though order vacating injunction is not communicated to department.
6.2 46TM108 Time-limit
Chandra Bhan Bansal