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ITAT Mumbai

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

August 13, 2022 1980 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 885 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 1935 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 4761 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 804 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 3294 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 3048 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 […]

TDS on repairs & maintenance of aircraft under Section 194C or 194J?

August 6, 2022 2238 Views 0 comment Print

Air India Ltd. Vs CIT (ITAT Mumbai) Introduction Appeals were filed before the Hon’ble ITAT against the order of the AIR INDIA LIMITED Vs Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi which was pertaining to the assessment years 2016-17, 2017-18,2018-19 and 2019-20. Grounds of appeal The decision of the Joint Commissioner of Income Tax […]

Compensation and interest up to the date of land acquired is taxable as capital gain

August 5, 2022 2451 Views 0 comment Print

Held that compensation with interest received by the assessee up to the date of land acquired pursuant to the Hon’ble Supreme Court order should be taxed under the head Capital Gains.

Adoption of arms length price as NIL is untenable

August 4, 2022 921 Views 0 comment Print

Held that treating value of international transaction as NIL without searching for transaction between non-associated enterprises is unsustainable in law

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