1. VOLUME NO.: LLAT/ 456 OF 2011-12 DATE: 22nd February, 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 DEL - ITAT 194, ITA Since there is no principal-agent relationship between “a” -
diagnostic tests, and the collection centers so as to attract the
provision of S.194H. Therefore, discount offered by “a” could
not be disallowed by invoking the provision of S.40
1.2 143 TTJ 265 Busi. Inc SRL Ranbaxy Ltd
2.1 DEL – ITAT 271, ITA Omnibus notice issued by TPO requiring 'a' to furnish all info
and document without application of mind and without
considering which relevant info was needed cannot be treated
as valid notice and therefore, the failure of the 'a' to company
with such notice in time cannot justify levy of penalty.
2.2 143 TTJ 285 Penalty Leroy Somer & Controls (India) (P) Ltd.
3.1 RAJ – HC 220, ITA The income assessed by AO is almost 47 times the income
declared by “a” and “a” having filed appeal before CIT(A)
against the main addition made by AO, recovery of entire
balance amount from the “a” is stayed.
3.2 246 CTR 113 Deemed Inc Maheshwari Agro Industries
4.1 DEL – HC 226, ITA If an order for 'stay on recovery' is passed, the AO should not
pass an order of adjustment u/s 245 to recover the demand. The
reason as to why adjustment u/s245 should be allowed to
recover demand on issues that have been decided in favor of
the petitioner in other years, respondent was not justified in
recovering the disputed tax in respect of similar additions.
4.2 246 CTR 176 Refund Maruti Suzuki India Ltd.
5.1 ALL – HC 153, ITA Only an assessment pending on the date of initiation of search
or requisition shall abate under the second provision to S.153A,
even if an appeal is pending against a complete assessment
before the Tribunal on the date of search, such completed
proceedings do not abate
5.2 246 CTR 266 Assessment Smt. Shaila Agarwal
6.1 MUM - HC 260A, ITA The income by way of fees for technical services by the non-
resident was not liable to the Indian income tax under the Act.
6.2 40 ITCL 2 Appeal Grasim Industies Ltd. & Ors.
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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