This document provides a summary of recent legal landmarks in India. It lists 6 legal cases with their section/rule references, case names, and key ratio decidendi. The cases cover topics like registration of trusts, tax treatment of software royalties, deemed dividends, deduction under section 80IB, and recovery of tax. The client is thanked for their business and assured of best services.

1. VOLUME NO.: LLAT/ 451 OF 2011-12 DATE: 23rd January, 2012
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Dear Client,
We have pleasure in listing below some of the recent legal landmarks.
SR. AUTHORITY SECTION / RATIO(S)
NO. CITATIONS RULES / SUBJECT CASE(NAME OF ASSESSEE)
1.1 P&H – HC 12, ITA While examining application seeking registration u/s 12AA,
manner of application of funds of trust do not fall within
purview of Commissioner.
1.2 16 TM 285 Ch Trust Spring Dale Educational Society
2.1 Kar – HC 9(1)(vi), ITA Payments made by 'A'-company for import of software from an
American company, which was utilized by 'A' for executing a
contract in India, amounts to royalty and is liable to be taxed in
India u/s 9(1)(vi) read with DTAA between India & USA
2.2 16 TM 268 DTAA Sunray Computers
3.1 Indor - ITAT 2(22), ITA In order to invoke provisions of S 2(22)(e), it is necessary that
a person must be registered as well as beneficial shareholder
of company.
3.2 16 TM 230 Deemed Div Makhija Construction
4.1 Del – HC 7, ITA In accordance with provisions of Schedule III, Rule 5 to
Wealth-tax Act, 1957, AO is justified in adding interest on
security deposits to annual rent in order to compute fair market
value of property.
4.2 16 TM 241 Deemed Inc MG Builders
5.1 Chenn – ITAT 80-IB, ITA Some of residential units developed by 'A' exceeded area of
1500 sq. ft., it was entitled to claim deduction u/s 80-IB(10) pro
rata for housing units having area of less than 1500 sq. ft.
5.2 16 TM 254 Deduction Sreevatsa Real Estates
6.1 Mum - ITAT 222, ITA Seeking stay before lower authorities is directory and not
mandatory
6.2 17 TM 40 Recovery of Tax DHL Express (India)
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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