This document lists recent legal landmarks from various tax authorities and courts in India. It includes 6 cases covering topics such as whether amendments to domestic law affect double taxation avoidance agreements (DTAA), whether anonymous donations to trusts can be taxed, whether tax reassessment can be initiated based solely on an audit report without independent assessment, whether belated block tax assessments can be considered void if the delay was due to authorities, whether gains from transfer of land under a joint development agreement constitute capital gains or business income, and whether cessation of a loan liability constitutes taxable revenue if the loan was used to purchase a capital asset. Each case provides the authority, section/rule of the Income Tax Act (ITA) discussed, ratio or key

1. VOLUME NO.: LLAT/842 OF 2016-17 DATE: 30 August 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 DEL HC 9(1)(vi) ITA
Amendments to domestic law do not affect the DTAA
1.2 ITA No 473_2012 Deemed Income
New Skies Satellite BV
2.1 DEL ITAT 115BBC ITA
Anonymous donation received by a charitable and religious trust without specific
direction couldnt be taxed
2.2 65TM015 Determination of tax
Satyug Darshan Trust
3.1 GUJ HC 147 5 ITA
AO cant reopen case at behest of audit party without any independent belief
3.2 63TM342 Reassessment
N.K. Roadways (P.) Ltd
4.1 KOL HC 158BE ITA
Belated completion of block assessment couldnt be held as void if delay was
attributable to A
4.2 61TM025 Search assessment
Navin Kumar Agarwal
5.1 DEL HC 2(45) ITA
Capital gain arise on transfer of land under JDA and not business income if there
was no commercial motive in transfer
5.2 65TM136 Cap. Gain
Raj Dulari Bhasin
6.1 BOM HC 28(iv) ITA
Cessation of liability to repay loan wasnt taxable as revenue receipts as loan was
raised to purchase capital asset
6.2 57TM208 Business income
Santogen Silk Mills Ltd