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ITAT Mumbai

Addition for higher stock valuation without discrepancy in quantity is unsustainable

August 16, 2022 1377 Views 0 comment Print

Held that there is no observation of the AO that quantity of construction work-in-progress is more than the quantity valued as per first set of financial statement. Accordingly, addition deleted

Profit element involved in bogus purchases should be taxed

August 16, 2022 669 Views 0 comment Print

ITAT held that held that the profit element involved in the bogus purchases should be brought to tax and upheld the addition of estimated profit element of 12.50% of the value of non-genuine purchases.

Dispute settled under VSV Scheme cannot be pursued in Appeal

August 15, 2022 1047 Views 0 comment Print

Since the tax dispute for the year under consideration has been settled under VSV Scheme, therefore, it is not open to the assessee to pursue the legal remedy of appeal as well.

Purchase from related party is not considered as specified domestic transaction u/s 92BA

August 13, 2022 1761 Views 0 comment Print

Held that a domestic transaction of purchase from the related party is not required to be considered as a specified domestic transaction under section 92BA.

Only IRP can file Appeal against Assessment Order after declaration of Moratorium

August 13, 2022 858 Views 0 comment Print

Krishna Knitwear Technology Ltd. Vs DCIT (ITAT Mumbai) ITAT held that since proceedings under I&B code have already been initiated/decided and moratorium has been declared by prohibiting all the proceedings against the corporate debtors including execution of any judgment, decree or order of any court of law, tribunal, arbitration panel or other authority, present appeals […]

Inland Haulage Charges received by Shipping Companies not Taxable as Business Profit

August 13, 2022 1791 Views 0 comment Print

‘IHC’ cannot be disintegrated from profit derived from shipping business as envisaged under Article -8 of India-UAE DTAA. Ergo, ‘IHC’ are not taxable as business profit in India.

Addition of opening balance of unsecured loan u/s 68 is unsustainable

August 13, 2022 4116 Views 0 comment Print

ITAT Held that addition on the basis of the opening balance of unsecured loan treating the same as current year transaction by invoking section 68 of the Income Tax Act is unsustainable.

TDS not deductible on payment by Deolitte India to Deolitte UK for global brand/communication/technology/knowledge

August 11, 2022 750 Views 0 comment Print

Payments made for global brand/communication/technology/knowledge cannot be treated as Royalty as per Article 13(3) of India-UK DTAA

Lump sum compensation received will be treated as advance salary on closure of employer unit

August 9, 2022 3054 Views 0 comment Print

Rajesh Shantaram Chavan vs. ACIT (ITAT Mumbai) M/s.Century Textiles and Industries Limited was incurring heavy losses and shut down its Worli Textile Mill Unit in 2008. Around 6300 of its 6600 Mill workers opted for the voluntary retirement scheme, however, 275 workers had opposed for closure of the Mill. Assessee is one of the 275 […]

No addition for duly explained cash deposit during demonetisation

August 9, 2022 2922 Views 0 comment Print

R.S. Diamonds India Private Limited Vs ACIT (ITAT Mumbai) The Assessing Officer noticed that the assessee has deposited a sum of Rs. 45 lakhs into its bank account during demonetization period. It was explained that the above said amount represented cash balance available in its books of account, which included advance received from the customers […]

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