This document provides a summary of recent legal landmarks in India. It lists 6 key legal cases with details such as the authority, sections or rules involved, and a brief description of the ratio or ruling. The cases cover topics around capital gains tax, reassessment, tax deducted at source, investment advisory fees, and penalties under sales tax law. The letter is from a consulting firm informing a client about these recent legal updates and offers to provide more information if needed.

1. VOLUME NO.: LLAT/ 468 OF 2011-12 DATE: 9th March, 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 Kar HC 54, ITA Purchase of two adjacent houses and conversion there of in a
single unit is digiable.
1.2 38(I) ITCL 454 Capital Gain Jyothi K Mehta
2.1 MUM – ITAT 50, ITA The 'a' is entitled to the claim of set-off of long-term capital
loss against the income arising from the sale of office
premises, the gain of which is short-term due to the deeming
provision, but the asset is long-term.
2.2 62 DTR 196 Sp.Provision Komac Investments & Finance (P) Ltd.
3.1 DEL HC 195, ITA Non-resident lessor does not have Permanent establishment
(PE) or business connection in India on account of leased
assets used in India but delivered outside India, provided the
lease agreement is entered on principal-to principal basis.
3.2 ITA No. 1782 TDS M/s. Calcutta Test House Pvt. Ltd.
4.1 MUM – ITAT 37, ITA a' in business of Asset Management of Mutual Funds :
Charged investment advisory fees less than prescribed ceiling
: Differential amount cannot be added as income.
4.2 ITA No 1043 Busi Exp M/s. Templeton Asset Management
5.1 MUM – ITAT 147, ITA Validity, of subsequent notice issued under section 148 –
notice under section 154 already issued on very same
grounds are not valid
5.2 129 ITD 278 Reassessment Mahinder Freight Carriers
6.1 P&H ITAT 78, ST Even though the scope of penalties levied u/s. 73 and u/s.78
are different, penalties should not be levied under both the
sections.
6.2 24 STR 173 Penalty Panu Property Dealers, Ludhiana.
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
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