1. VOLUME NO.: LLAT/ 533 OF 2012-13 DATE: 23rd 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 CHENN ITAT 54F, ITA Houses owned by 'A's wife cannot be considered as owned
by 'A' for disallowing deduction u/s 54F to the 'A'
1.2 22 TM 200 Cap.Gain S. Krishna Kumar
2.1 CHENN ITAT 11, ITA Trust conducting classes for and under the authority of
Annamalai University is not a coaching centre and cannot
be denied exemption u/s 11 and 12
2.2 22 TM 222 Ch.Trust Soorya Educational Trust
3.1 MAD HC 40, ITA Where TDS was not paid on due date of deposit but before
due date of filing return, applicability of amendment made in
Finance Act, 2008 mitigating rigours of S 40(a)(ia), was to
be considered first
3.2 22 TM 239 Busi.Exp Shanti Logistics (P.) Ltd
4.1 ALLBD HC 148, ITA Even if status of 'A' is not specified in a notice u/s 148,
same would not be invalid when entity to whom notice is
addressed and entity against whom assessment is framed
is one, and said entity had participated in proceedings in
response to said notice
4.2 22 TM 240 Assessment Kant Travels
5.1 MAD HC 32, ITA In case of sale and lease back transaction fact that what
had been purchased had been leased out to vendor or that
vendor had undertaken to pay hire charges on behalf of 'A'
to hire purchase company, per se, cannot lead to a
conclusion that transaction is a sham one
5.2 22 TM 242 Depreciation High Energy Batteries (India) Ltd
6.1 MAD ITAT 9, ITA When the foreign shipping company has discharged the
liability u/s 172, the 'A' making the payment can not again
be held to be agent of the non-resident u/s 163, doing so
will amount to double assessment.
6.2 2012-TII-64 DTAA M/s SICAL LOGISTICS 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.
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