VOLUME NO.: LLAT/ 478 OF 2012-13                                                                  DATE: 30th April, 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    Mad HC                   43(5), ITA                   When the bank purchases non-convertible debentures at
                                                             discount and there is actual delivery, the loss resulting from
                                                             such transactions is speculative loss u/s 43(5) and not capital
                                                             loss - non-convertible debentures are neither commodity nor
                                                             shares or stocks.

1.2    2012-TIOL-163            Specu. Loss                  New Ambadi Estates


2.1    JP ITAT                  54EC, ITA                    Max S 54EC exemption is Rs. 50 lakhs even if invested in two
                                                             financial year

2.2    19 taxman 27             Cap. Gain                    Raj Kumar Jain & Sons (HUF)


3.1    Mum ITAT                 10A(7), ITA                  No transfer pricing adjustments were made by TPO would
                                                             show that the domestic transactions between sister concerns
                                                             did not result in transfer of profits- provisions of S 80I(8) are
                                                             applicable to transfer of goods alone and not to services

3.2    2012-TII-22              Sp. Provision                Sanghvi Jewellary


4.1    Allbd HC                 26, ITA                      It is not necessary to deduct tax u/s 194-I when the co-owners
                                                             have a definite share in the building and the amount received
                                                             by each co-owner is less than Rs 1,20,000.
4.2    2012-TIOL-175            TDS                          Senior Manager, SBI

5.1    Kol ITAT                 40(a)(ia), ITA               When the 'A' raises a composite bill to its clients for providing
                                                             legal services and claims reimbursement of expenses of
                                                             lawyers hired, deduction u/s 194J is to be made only if 'A'
                                                             claims such expenses as expenditure.

5.2    2012-TIOL-142            Busi. Exp                    Sharma Kajaria & Co


6.1    Ahd ITAT                 40A(3), ITA                  Amount paid in cash exceeding the limits of the S 40A(3)
                                                             warrants disallowance if the case does not fall under the
                                                             exception of rule 6DD - additional evidences which prove the
                                                             claim of the 'A' deserve admission.
6.2    2012-TIOL-141            Busi. Exp                    Transpek Industry


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

LL 478

  • 1.
    VOLUME NO.: LLAT/478 OF 2012-13 DATE: 30th April, 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 Mad HC 43(5), ITA When the bank purchases non-convertible debentures at discount and there is actual delivery, the loss resulting from such transactions is speculative loss u/s 43(5) and not capital loss - non-convertible debentures are neither commodity nor shares or stocks. 1.2 2012-TIOL-163 Specu. Loss New Ambadi Estates 2.1 JP ITAT 54EC, ITA Max S 54EC exemption is Rs. 50 lakhs even if invested in two financial year 2.2 19 taxman 27 Cap. Gain Raj Kumar Jain & Sons (HUF) 3.1 Mum ITAT 10A(7), ITA No transfer pricing adjustments were made by TPO would show that the domestic transactions between sister concerns did not result in transfer of profits- provisions of S 80I(8) are applicable to transfer of goods alone and not to services 3.2 2012-TII-22 Sp. Provision Sanghvi Jewellary 4.1 Allbd HC 26, ITA It is not necessary to deduct tax u/s 194-I when the co-owners have a definite share in the building and the amount received by each co-owner is less than Rs 1,20,000. 4.2 2012-TIOL-175 TDS Senior Manager, SBI 5.1 Kol ITAT 40(a)(ia), ITA When the 'A' raises a composite bill to its clients for providing legal services and claims reimbursement of expenses of lawyers hired, deduction u/s 194J is to be made only if 'A' claims such expenses as expenditure. 5.2 2012-TIOL-142 Busi. Exp Sharma Kajaria & Co 6.1 Ahd ITAT 40A(3), ITA Amount paid in cash exceeding the limits of the S 40A(3) warrants disallowance if the case does not fall under the exception of rule 6DD - additional evidences which prove the claim of the 'A' deserve admission. 6.2 2012-TIOL-141 Busi. Exp Transpek Industry 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