The document is a letter from Anand Mehta & Co. consulting firm providing a client with a summary of recent legal landmarks and rulings. It includes 6 cases with details of the section/rules and key ratio discussed. Case 1 discusses the obligation of a taxpayer to provide documentation for transfer pricing inquiries. Case 2 addresses amounts paid/received being included for special provisions for oil exploration. Case 3 excludes functionally different software companies from a taxpayer's transfer pricing comparables. Case 4 limits the taxation of a non-resident enterprise's profits to the contracting state and amounts attributable to a permanent establishment in another state. Case 5 states that treaty applicability must be examined separately for different countries of royalty receipt. Case 6 addresses the need for declaration

1. VOLUME NO.: LLAT/ 486 OF 2012-13 DATE: 12th May, 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 Bang ITAT 92, ITA The “a” was only required to maintain the information and documents as
may be necessary relating to the international transactions so that it can be
made available to the TPO or the AO or any other authority in any
proceedings under the Act. By providing a specified date in the Act, the
obligation is cast upon the “a” to keep and maintain the documents for that
period. But, it does not restrict the TPO from making inquiries thereafter for
determining the correct ALP.
1.2 2012-TII-43 TP Centillium India
2.1 Del ITAT 44BB, ITA All the amounts either paid /payable or received / deemed to be received
(in India or outside India) were mutually inclusive. These amounts were the
basis for determination of deemed profits and gains of the “a” the non-
resident, engaged in the business of oil exploration at the rate of 10% of
the aggregate amount as specified.
2.2 2012-TII-39 Sp.Provision R & B Falcon (A) Pty
3.1 Bang ITAT 92C, ITA The “a” being a software development service provider, it cannot be
compared to a software development company or a software trading
company. Therefore, the companies that are functionally different from that
of the tax payer are to be excluded.
3.2 20 TM 715 ALP Genisys Integrating Systems (India)
4.1 Mum ITAT 9, ITA The business profit of an enterprise of a contracting State shall be taxable
only in that State of residence unless the enterprise carries on business in
the other contracting State through a permanent establishment. Therefore,
the profit of the enterprise may be taxed in the other State but only so much
of them as is attributable to that PE.
4.2 20 TM 719 DTAA Hapag-Lloyod Container Line GMBH
5.1 Bang ITAT 115, ITA If royalty income is received from two different countries, the Treaty
applicability will have to be examined individually and separately for each
country. The choice (for an 'a') to be governed either by the Act or Treaty
will depend upon the rate prescribed under the each of the Treaties for the
relevant stream of income.
5.2 20 TM 728 Tech. Fees IBM World Trade Corporation
6.1 Guj HC 131, ITA The concerned persons at the Maharashtra-Gujarat border made an inquiry
with the Sales Tax Department regarding declaration of the seized silver at
the time of entry from Maharashtra into Gujarat. It was found that no such
declaration was given at the border. No explanation had been given by the
petitioners why no such declaration was given if the object of the petitioners
was lawful transaction of the business in a different State. Warrants issued
can not be questioned at this stage through a writ
6.2 20 TM 751 Power Sunil Vidhyasagar Gat
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
mind of a consultant with a heart of a friend.
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