This document provides a summary of recent legal landmarks in India. It lists 6 key cases with details of the section/rules addressed, key ratios or principles from the case, and case names. The document was sent by Anand Mehta & Co. consultants to a client to inform them of notable recent legal precedents across various tax issues. It aims to keep the client updated on important case laws.

1. VOLUME NO.: LLAT/ 528 OF 2012-13 DATE: 17h July, 2012
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Dear Client,
We have pleasure in listing below some of the recent legal landmarks.
SR. AUTHORITY SECTION / RULES / RATIO(S)
NO. CITATIONS SUBJECT CASE(NAME OF ASSESSEE)
1.1 GUJ HC 41, ITA The amount of credit had been continuously shown by 'A' in its
balance sheet year after year it is not possible to conclude that
debt is barred and has become unenforceable so as to make
addition to 'A's income.
1.2 22 TM 120 Busi .Inc Miraa Processors (P.) Ltd
2.1 DEL ITAT 9, ITA The non-resident received royalty income from an Indian
concern, the gross amount of royalties taxable as per the
treaty would include the taxes paid by the licensee in the light
of S 10(6A).
2.2 2012-TII-59 DTAA PIZZA HUT INTERNATIONAL LLC
3.1 HYD ITAT 10A, ITA Communication charges, insurance charges and professional
fee once excluded from the export turnover, is also required to
be excluded from total turnover for maintaining the principle of
parity.
3.2 2012-TIOL-312 Sp. Provision Microsoft Global Services Centre P Ltd
4.1 BANG ITAT 115WB, ITA The expenses incurred on sales promotion, conveyance, tour
and travel and gifts incurred in the course of business and not
paid to employees are covered under the deeming provision of
S 115WB(2) and will be considered as fringe benefit ever
though there was no employer and employee relationship.
4.2 2012-TIOL-313 Fringe Benefits M/s Toyota Kirloskar Motor Pvt Ltd
5.1 BANG ITAT 80IB, ITA When the 'A' has completed the project and requested to the
local authority to issue occupancy certificate and the
completion of project is acknowledged by the authority within
the time limit allowed and only the certificate is received later
on, the deduction u/s 80IB cannot be denied.
5.2 2012-TIOL-314 Deduction M/s RNS Infrastructure Ltd
6.1 MAD HC 234B, ITA The amount collected by the 'A' as refundable contingency
deposit in respect of disputed items of sales tax before the
HC, which was not returned even after the favourable order by
the HC, is to be considered as trading receipt and taxable.
6.2 2012-TIOL-441 Interest Elgi Electric & Industries Pvt Ltd
Please let us know if you need any further information on these.
Thanking you and assuring you of our best services at all times.
Yours Faithfully,
For Anand Mehta & Co .,
(CONSULTANTS) PVT. LTD.
Anand V. Mehta
DIRECTOR
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