This document provides a summary of recent legal landmarks in India. It lists 6 cases from various High Courts and Income Tax Appellate Tribunals (ITAT) covering topics like taxation of income, double taxation avoidance agreements, capital gains exemption, tax deductions at source, and penalties. For each case, it provides the section/rules of the Income Tax Act involved, a brief description of the ratio or legal principle established, and a reference number to access more details about the case. The client is thanked for their business and assured of the best services.

1. VOLUME NO.: LLAT/ 460 OF 2011-12 DATE: 28th 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 Pun -ITAT 195, ITA S 195(1) does not envisage deduction of tax at both instances, i.e., at
time of credit of income to account of payee as well as at time of
payment thereof.
1.2 18 TM 22 DTAA Sandvik Asia
2.1 Del HC 147, ITA When jurisdictional preconditions are missing, 'A' can question
reopening of assessment in appellate proceedings also.
2.2 18 TM 29 Escaped Inc Expeditors International India
3.1 Indore ITAT 54, ITA S 54F exemption not available where builder not even allotted plot
within 3 years.
3.2 18 TM 33 Busi. Profit Pankaj Wadhwani
4.1 Mum ITAT 194C, ITA Where 'A'-management consultant was organizing conferences and
sponsorship money was paid to it after conceptualization of
conferences, it could not be said that A' had undertaken to organize
said conference at instance of sponsors and, hence, provisions of S
194C(2) could not be invoked.
4.2 18 TM 36 ALP Dr. Raju L Bhatia
5.1 Mum ITAT 37, ITA Royalty paid to foreign collaborator for supply of technical know-how
and the use of trade mark is revenue expenditure.
5.2 2012-TIOL-106 Busi.Exp Mafatlal Denim
6.1 Coch ITAT 271C, ITA No penalty leviable for bonafide omission in not deducting tax at
source
6.2 18 TM 203 Penalty Muthoot Bankers
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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