This document lists recent legal landmarks from various tax authorities in India. It includes 6 cases covering topics like: 1. No TDS required on export commission paid to a non-resident agent for services performed abroad without a permanent establishment in India. 2. No transfer pricing adjustment needed for interest-free loans converted to equity shares between associated enterprises. 3. No transfer pricing adjustment warranted for imports if the proportion of certification of import values was high for transactions with associated enterprises.

1. VOLUME NO.: LLAT/850 OF 2016-17 DATE: 7 September 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 BANG ITAT 9 195 40(a)(ia) ITA
No TDS on export commission paid to NR agent for rendering services abroad in
absence of his PE in India
1.2 55TM200 Deemed Income
Zanav Home Collection
2.1 MUM ITAT 92C 92B ITA
No TP adjustment for interest free loans given to AE once loan was converted into
equity
2.2 57TM274 Transfer Pricing
Shrenuj & Co. Ltd
3.1 MUM ITAT 92C ITA
No TP adjustment of Import if proportion of certification of import value was high for
transaction with AE
3.2 53TM515 Transfer Pricing
TRUMPF India (P.) Ltd
4.1 COCH ITAT 40(a)(ia) ITA
Payer not liable for TDS default due to amendments made in definition of royalty at
later stage with retro-effect
4.2 61TM270 Disallowance
Rajasree Motors (P.) Ltd
5.1 PANJ ITAT 201 194A ITA
Payer of income cant be treated as A-in default if such income is exempt in hands of
payee
5.2 65TM219 TDS
RBL Bank Ltd
6.1 CHENN ITAT 9 10B ITA
Payment of data storage charges to NR doesnt constitute either royalty or FTS
6.2 56TM158 Deemed Income
Vishwak Solutions (P.) Ltd