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ITAT Mumbai

SEBI Penalty for shortfall in margin money eligible for section 37 Deduction

August 26, 2022 2091 Views 0 comment Print

Penalty charged levied by SEBI related to shortfall in margin money is not for infraction of any law. hence allowable under section 37

Intrinsic value of shares is a reasonable method of ascertaining fair market value of shares

August 26, 2022 2196 Views 0 comment Print

ITAT held that intrinsic value of the shares on the basis of net assets divided by the total number of equity shares is most appropriate.

Section 194C TDS on payment for preparation & execution of advertisement content

August 25, 2022 87225 Views 0 comment Print

Cowtown Software Design Pvt. Ltd. Vs DCIT (TDS) (ITAT Mumbai) It is not in dispute that assessee made payment to Ad agency i.e. Social Kinnect. We find from the perusal of the agreement with Social Kinnect and scope of services defined therein, Social Kinnect would engage various professional artists for preparation and execution of the […]

Furnishing of supporting evidence mandatory to claim TDS credit in absence of TDS certificate

August 24, 2022 2667 Views 0 comment Print

Held that in absence of TDS certificate, assessee has to furnish any other evidence to support deduction of tax at source by the payer of income. TDS credit denied for failure to furnish any other supporting evidence

Charitable Trust Registration – CIT cannot amend Section 12A Provisions

August 20, 2022 1833 Views 0 comment Print

Section 12A provision govern cancellation of Charitable Trust Registration, and these provisions can neither be diluted or supplemented by CIT

Depreciation u/s. 32 available on non-compete fees

August 19, 2022 1653 Views 0 comment Print

Held that non-compete fees, being an intangible asset, paid in accordance with the terms of the agreement is eligible for depreciation u/s 32

AO cannot scrutinize income tax return without issuing Section 143(2) Notice

August 19, 2022 2394 Views 0 comment Print

AO get jurisdiction over return of income only upon service of section 143(2) notice, meaning thereby so AO cannot scrutinize return of income

Addition for higher stock valuation without discrepancy in quantity is unsustainable

August 16, 2022 1458 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 720 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 1131 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.

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