ITAT Mumbai

Income tax dept cannot determine annual rent value on notional basis unless there is established fraud, collusion etc.

Income Tax Officer WD 1(2)(2) Vs Sudheer Omprakash Bahl (ITAT Mumbai)

Law does not permit the revenue to reject the amount determined as rent or license fees by the assesse on mere doubt or suspicion. There has to be cogent and satisfactory material to indicate that the rent or fees determined by the parties are not indicative of the fair or market rent....

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LTCG on sale of share cannot be treated as unexplained credit merely for SEBI inquiry on Broker of assessee

Smt. Bharti Arvind Jain Vs ITO (ITAT Mumbai)

There are two appeals under consideration pertaining to two different assessees for the AY 2005-06. Since, the issues raised in these appeals are identical, therefore, for the sake of convenience, both these appeals are clubbed, heard combinedly and disposed of in this consolidated order....

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ITAT explains Change of opinion vs. Failure to apply mind

M/s Crescent Construction Co. Vs ACIT (ITAT Mumbai): ITA NO.658/Mum/2014

The assessee as well as the Revenue is in cross appeal against the impugned order dated 29/11/2013 of the First Appellate Authority, Mumbai. In the appeal of the assessee (ITA No.658/Mum/2014), the first ground raised pertains to confirming the reopening u/s 147 of the Income Tax Act, 1961 ...

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AO cannot tax Notional interest on interest-free advance if advance is made out of interest free funds

DCIT Vs. ETHL Global Capital Ltd. (ITAT Mumbai)

Since assessee had not claimed any expenditure in its computation of income, there was no scope for dis allowance under section 14A as dis allowance under the section can be made only when deduction of certain expenditure is claimed....

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If transactions are at ALP no further income can be said to be attributable to assessee in India from PE

Taj TV Ltd. Vs. Additional Director of Income Tax (ITAT Mumbai)

Assessee- company was engaged in business of broadcasting of sports channel, namely Ten Sports across globe, including India. Its subsidiary (Taj India) was appointed as exclusive distributor of TV Channel Ten Sports to cable operators and other permitted systems on principal-to-principal basis....

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Notice by affixture to avoid expiration of time limit to serve notice is invalid

Heaven Distillery (P) Ltd. Vs. ITO (ITAT Mumbai)

The inaction or delay on the part of the assessing officer in issuing notice under section 143(2) of the Act cannot be a ground to straightway effect service by affixture....

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TDS credited can be claimed on Unrealised Rent / Bad Debts

Shri Rangji Realties Pvt. Vs ITO (ITAT Mumbai)

TDS credit is allowed on deduction of Income under u/s 80IA, 8oIB, 80IC of the act, etc and also TDS credit is allowed on bad debts claimed u/s 36(1 )(vii) of the Act. Accordingly I am of the view that that the Unrealized rent is duly offered to tax by the assessee at first instance, and then the same is claimed as deduction from Rental I...

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A person can be both trader and investor in respect of shares

The ITO-33(2)(2) Vs. Smt. Kalpana Khandelwal (ITAT Mumbai)

It is a well settled proposition that the question as to whether a person has acted as a trader or as an investor in respect of share transactions, has to be decided on the basis of various factors listed out by the CBDT and Honourable Courts....

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No Tax on Capital Gain earned by Singapore-Company on Sale of Debt Instrument in India under Article 13(4) of DTAA

Citicorp Investment Bank Vs DCIT (International Taxation) (ITAT Mumbai)

The ITAT Mumbai in Citicorp Investment Bank (Singapore) Ltd v. DCIT, held that the sale consideration received by a Singapore based Company on sale of debt instrument is not taxable as capital gain under the Income Tax Act in view of article 13(4) of the India-Singapore Double Taxation Avoidance Agreement (DTAA)....

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Section 54 exemption cant be denied for delayed cheque deposit by builder

ITO (IT) 3(3)(1) Vs Akansha Ranju Pilani (ITAT Mumbai)

In a significant ruling, the Mumbai bench of the Income Tax Appellate Tribunal recently held that if a cheque is encashed by the builder after the deadline for filing income-tax return, it will not debar the taxpayer from claiming I-T exemption under section 54 of the Income Tax Act, which is available on reinvestment of long term capital...

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