This document provides a summary of recent legal landmarks in 6 areas: 1) When foreign personnel work on projects in India, they can be considered employees of the foreign company. 2) For tax reassessment, it is sufficient if income was missed, but failure to disclose facts must be proven for proviso cases. 3) Reassessment cannot be initiated if amalgamation dates match scheme dates. 4) Transfer pricing adjustments must be made if transactions are not at arm's length, regardless of other provisions. 5) Provisions at expense date, not payment date, apply to section 40A(3) disallowances. 6) Infrastructure firms can claim business expenses once able to deliver facilities, not

1. VOLUME NO.: LLAT/ 531 OF 2012-13 DATE: 20h July, 2012
­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­
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 MUM ITAT 9, ITA When for the purpose of supplying, installing and
commissioning of telecom equipment, an Indian entity not
having requisite personnel, enters into an agreement with a
foreign company having experts and technical personnel of
desired experience and expertise in telecom related
technology and the foreign company provides such personnel,
it can be deduced that such personnel are employees of the
foreign company.
1.2 2012-TII-55 DTAA AVION SYSTEMS INC
2.1 DEL ITAT 147, ITA For Sec 147(1), in order to reopen an assessment, it is
sufficient if in the opinion of the AO, income has escaped
assessment while for the proviso, it is necessary further to
establish that the same is on account of failure on the part of
the 'A' to disclose all facts
2.2 2012-TIOL-301 Reassessment Kyungshin, Industrial Motherson
3.1 147, ITA Re-assessment proceedings can not be initiated on the ground
DEL HC that no amalgamation had taken place in the accounting years
ended on 30.6.1983 and 30.6.1984 when as per the scheme of
amalgamation the effective date was 1st July, 1982.
3.2 2012-TIOL-430 Reassessment Modipon Ltd
4.1 MUMITAT 92C, ITA If transactions are, in opinion of TPO, not at arm's length,
required adjustment has to be made as provided in Act,
irrespective of fact that expenditure is allowable under other
provisions of Act
4.2 22 TM 107 ALP Deloitte Consulting India (P.) Ltd
5.1 AHD ITAT 40A, ITA Provisions as stood on date of expenses, and not on date of
payment, relevant for S. 40A(3) disallowance.
5.2 22 TM 108 Busi. Exp Tushar A Sanghvi (HUF)
6.1 COCH ITAT 28, ITA An industrial infrastructure facility development company can
be said to be ready to commence its business when it would
be in a position to deliver possession of facilities to industry;
and until then no expenditure can be claimed for such
business
6.2 22 TM 110 Busi. Exp Rubber Park (P.) 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
A mind of a consultant with a heart of a friend.
Mumbai Office- 334, Mulratna 1st Floor Narshi Natha Street Masjid (W) Mumbai 40009
Tel -022- 23400882 • Fax-022-23420195 • E-mail: amcon.mumbai@amcount.com
Pune Office –B/5 Shardaram Park, 34, Sasson Road, Near Jehangir Hospital, Pune - 411 001
Tel-020 6401 3124 • Fax 020- 30521223•E-mail: amcon.pune@amcount.com
Gram-MATERPLAN <--> MASTERPLAY
Website:www.amcount.com