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ITAT Mumbai

Co-Op Society can Claim section 80P(2)(d) Deduction of Interest from Deposits in Co-Op Banks

January 1, 2023 1890 Views 0 comment Print

Ashoka Palace Co-op. Hsg. Soc. Ltd. Vs ITO (ITAT Mumbai) The issue whether interest income derived from deposits with cooperative banks is eligible for deduction under section 80P(2)(d) of the Act or not has been considered by Tribunal in catena of decisions. The Co-ordinate Bench in the case of Kaliandas Udyog Bhavan Premises Co-op Society […]

Tax Appeal not maintainable as same was not signed by IRP

January 1, 2023 702 Views 0 comment Print

Jet Airways (India) Limited Vs DCIT (ITAT Mumbai) According to the provisions of Section 140(c) of The Income Tax Act, in case of a company which has been referred to the insolvency resolution process of the insolvency and bankruptcy code, 2013 (31 of 2016) the return be verified by the insolvency resolution professional appointed by […]

Section 35(2AB): Cut of date mentioned in DSIT certificate is of no relevance

January 1, 2023 282 Views 0 comment Print

It is held that the cut of date mentioned in the certificate issued by the DSIR would be of no relevance. It is also held that what is to be seen is that the assessee was indulged on R & D activity and had incurred expenditure thereupon and once a certificate by DSIR is issued that would be sufficient to hold that the assessee fulfill the conditions laid down in the aforesaid provisions.

Keyman Insurance Policy premium is allowable business expenditure

January 1, 2023 1632 Views 0 comment Print

ITAT Mumbai held that a Keyman Insurance Policy provides for an insurance policy taken by a business organisation on the life of an employee and hence allowable as business expenditure.

TDS credit cannot be denied to Assessee for Non-Compliance by Deductor

January 1, 2023 837 Views 0 comment Print

Bulldog Media & Entertainment Pvt. Ltd. Vs CIT (Appeals) (ITAT Mumbai) We observed that assessee has disclosed the total figure of income in A.Y. 2018-19 itself but because of some problem at the end of deductor is not able to claim the full amount of TDS on income declared. Assessee claimed TDS of Rs. 10,14,722/-against […]

Section 50C amendment introduced vide Finance Bill 2016 is retrospective in nature

December 31, 2022 3477 Views 0 comment Print

ITAT Mumbai held that amendment to section 50C of the Income Tax Act stating that the value adopted or assessed or assessable by the stamp valuation authority on the date of agreement may be taken for the purpose of computing the full value of consideration for such transfer is retrospective in nature and effective from 1st April 2003.

ITAT quashed reopening of assessment initiated by AO merely based on information received from investigation wing

December 30, 2022 1968 Views 0 comment Print

Mumbai ITAT has quashed reopening of assessment under section 147 made by AO only on the basis of information received from report of investigation wing.

Guarantee commission not taxable in terms of India-Germany DTAA

December 29, 2022 1434 Views 0 comment Print

ITAT Mumbai held that transfer pricing adjustment on account of guarantee commission income is unsustainable in terms of India-Germany DTAA.

Intra-bank transactions cannot always be rated at LIBOR

December 27, 2022 465 Views 0 comment Print

ITAT Mumbai held that London Inter-Bank Offered Rate (LIBOR) cannot always be the rate at which intra-bank transactions must take place.

Challenge to sanctioned scheme of amalgamation in collateral proceeding is unsustainable

December 26, 2022 1110 Views 0 comment Print

ITAT Mumbai held that approved sanctioned scheme of amalgamation is binding on the authorities and the same cannot be permitted to be challenged in a collateral proceeding.

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