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Legal landmark 527

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Anand Mehta & Co., Chartered Accountants

This document provides a summary of recent legal landmarks in India. It lists 6 cases from various High Courts and Income Tax Appellate Tribunals across India. Each case listing includes the court or tribunal, relevant section/rules of law, and a brief 1-2 sentence description of the legal ratio or principle from each case. The document was sent by Anand Mehta & Co. Pvt. Ltd. to a client to inform them of notable recent legal rulings and offer additional information if needed.

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VOLUME NO.: LLAT/ 527 OF 2012-13 DATE: 16h July, 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 BANG ITAT 92C, ITA If TPO wants to deviate from a set of filters adopted by him for a similar transaction, then he has to give reasons for doing so. 1.2 22 TM 70 ALP First Advantage Offshore Services (P.) Ltd 2.1 MUM ITAT 14A, ITA AO without rendering any opinion on correctness of 'A's claim of not spending any amount for earning exempt income, cannot propose to make disallowance by applying rule 8D of 1962 Rules 2.2 22 TM 99 Busi. Exp Auchtel Products Ltd 3.1 DEL ITAT 12, ITA Holding of conference in a luxury hotel can’t snatch luxury of sec. 12A registration benefit 3.2 22 TM 105 Ch. Trust Heart Care Management 4.1 DEL ITAT 9, ITA Though slice of the pizza may have gone as TDS, yet ‘Gross Amount’ of royalty is taxable under Indo-USA DTAA 4.2 22 TM 111 DTAA Pizza Hut International LLC 5.1 MUM HC 69A, ITA Cash found in possession of 'A', in absence of entry in books of account of 'A' and alleged giver of money, was assessable as 'A's income. 5.2 22 TM 113 UDI Smt. Maya Devi K. Agrawal 6.1 DEL ITAT 92CA, ITA TPO can determine ALP of international transactions noticed by him in course of proceedings before him, even if said transactions have not been reported by AO. 6.2 22 TM 109 ALP Nokia India (P.) Ltd 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

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Legal landmark 527

  • 1. VOLUME NO.: LLAT/ 527 OF 2012-13 DATE: 16h July, 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 BANG ITAT 92C, ITA If TPO wants to deviate from a set of filters adopted by him for a similar transaction, then he has to give reasons for doing so. 1.2 22 TM 70 ALP First Advantage Offshore Services (P.) Ltd 2.1 MUM ITAT 14A, ITA AO without rendering any opinion on correctness of 'A's claim of not spending any amount for earning exempt income, cannot propose to make disallowance by applying rule 8D of 1962 Rules 2.2 22 TM 99 Busi. Exp Auchtel Products Ltd 3.1 DEL ITAT 12, ITA Holding of conference in a luxury hotel can’t snatch luxury of sec. 12A registration benefit 3.2 22 TM 105 Ch. Trust Heart Care Management 4.1 DEL ITAT 9, ITA Though slice of the pizza may have gone as TDS, yet ‘Gross Amount’ of royalty is taxable under Indo-USA DTAA 4.2 22 TM 111 DTAA Pizza Hut International LLC 5.1 MUM HC 69A, ITA Cash found in possession of 'A', in absence of entry in books of account of 'A' and alleged giver of money, was assessable as 'A's income. 5.2 22 TM 113 UDI Smt. Maya Devi K. Agrawal 6.1 DEL ITAT 92CA, ITA TPO can determine ALP of international transactions noticed by him in course of proceedings before him, even if said transactions have not been reported by AO. 6.2 22 TM 109 ALP Nokia India (P.) Ltd 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