1. VOLUME NO.: LLAT/ 535 OF 2012-13 DATE: 25h 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 TRIB 15, ITA Fees received on per hourly basis for delivering lectures on
Algebra to student of a coaching centre could not be
treated as 'salary'
1.2 17 TM 117 Busi. inc Hardik Bhadresh Bengali
2.1 KARN HC 244A, ITA Where the 'a' is entitled to refund of self-assessment tax,
interest u/s. 244A is to be calculated from the date of
payment of tax till the date of refund and not from the 1st of
April of the assessment year or from the date of regular
assessment.
2.2 12 TM 485 Interest Vijaya Bank
3.1 MAD ITAT 14A, ITA The 'A' can not be allowed to bring in a new set of
comparables when the 'A' itself had selected the original
comparables, based on a detailed analysis, and the same
were accepted by the TPO.
3.2 2012-TII-61 Busi. Exp M/s SL LUMAX LTD
4.1 KOL ITAT 37(1), ITA When the 'A' remits commission fees to foreign agents for
procuring export orders under the UN-sanctioned 'Oil for
Food Program', any disallowance of such expenditure can
not be made on the alleged ground that such payments
were used by the receipients for illegal kickbacks which the
'A' was not aware and AO has not established
4.2 2012-TIOL-354 Deduction Rajrani Exports Pvt Ltd
5.1 MUM ITAT 194C, ITA Payment to sub-contractor doesn't attract TDS unless
there is a contract and risk and responsibility of contract
are transferred to him.
5.2 22 TM 218 Payment Dinesh N. Shah & Co
6.1 KAR HC 80-IB, ITA Date of sanction of 'modified plan' to be considered for
completion of project for S 80-IB(10) deduction
6.2 22 TM 219 Deduction Mystic Investments
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