Legal Landmarks

1. VOLUME NO.: LLAT/809 OF 2016-17 DATE: 22 July 2014
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Dear Client,
We have pleasure in listing below some of the recent legal landmarks.
SrNo Authority Section/Rules RATIO(S)
Citation /Subject CASE(NAME OF ASSESSEE)
1.1 DEL HC 4 147 ITA
Reassessment to tax forfeited business advance could not be made where it was
treated as capital receipts in original assessment.
1.2 49TM071 Reassessment
Great Eastern Energy Corporation Ltd
2.1 CHD ITAT 37(1) 5 145 36(1)(vi) ITA
Amount paid for construction of railway under-bridge for creating access to projects
of A was revenue expenses.
2.2 61TM349 Deduction
Greater Ludhiana Area Development Authority
3.1 MUM ITAT 147 151 ITA
Reopening was not valid where reasons are not mentioned that approval has been
obtained from the CIT.
3.2 ITA No 1246_2012 Reassessment
GTL Limited
4.1 AAR 9 ITA
Where fee was paid for conducting market research & advising on new technological
developments in China it is to be considered as FTS.
4.2 62TM096 Deemed income
Guangzhou Usha International Ltd.
5.1 GUJ HC 32 ITA
Depreciation was allowable @ 60% as chlorine tonners are gas cylinders.
5.2 43TM296 Depreciation
Gujarat Alkalies and Chemicals Ltd
6.1 AGRA ITAT 40(a)(i) ITA
Disallowances can be based on residential status the same does not violate
non-discrimination clauses of treaties.
6.2 42TM042 Disallowance
Gupta Overseas