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ITAT Mumbai

Foreign tax credit eligible in all cases, except tax paid in Finland & Canada

August 10, 2021 1575 Views 0 comment Print

Tata Consultancy Services Ltd. Vs DCIT (ITAT Mumbai) From the stage of the assessment proceeding itself, it is the claim of the assessee that the term ‘tax’, as defined under section 2(43) of the Act would only include taxes chargeable under the Indian Income Tax Act. It is the further case of the assessee that […]

No section 263 revision could be made for order of reassessment

August 6, 2021 6378 Views 0 comment Print

Any order of the subordinate authority which could have been considered as erroneous and prejudicial to the interest of revenue in allowing assessee’s claim of deduction under section 80IA, either due to lack of enquiry or otherwise, was the original assessment order passed under section 143(3) r.w.s. 144C and not the re-assessment order. PCIT had proceeded to revise the assessment order passed under section 143(3) r.w.s. 147 to get over the hurdle of limitation which was impermissible.

Reassessment proceeding against BCCI quashed due to failure of issuance of Notice

August 4, 2021 1263 Views 0 comment Print

DCIT Vs Board of Cricket Control in India (ITAT Mumbai) Deputy Commissioner of Income Tax has challenged correctness of the order dated January 09, 2019 passed by CIT(A) quashing the reassessment order passed by the Appellant without issuance of notice under Section 143(2) of the Income Tax Act, 1961 (IT Act), for the assessment year […]

Regular Vs. Slump Sale: Assessee cannot be allowed to take shifting stands

August 2, 2021 1062 Views 0 comment Print

Emil Pharmaceutical Industries Private Limited Vs DCIT (ITAT Mumbai) In this case learned CIT(A) has noted that the assessee has not produced supporting documents such as the list of employees at the time of the sale, electricity bills and other details necessary to establish the existence of an undertaking in a continuous business. Furthermore, we […]

ITAT grants stay to Vodafone subject to payment of tax of Rs 230 crores

July 26, 2021 606 Views 0 comment Print

Vodafone India Services Limited Vs ACIT (ITAT Mumbai) 1. By way of this application, the asses see-applicant seeks a stay on collection recovery of the tax and interest demands, aggregating to Rs 1128.46 crores, in the matter of assessment under section 143(3) r.w.s. 144C of the Income Tax Act, 1961, for the assessment year 2014- […]

No penalty leviable unless the conduct of the assessee is found to be contumacious

July 20, 2021 2460 Views 0 comment Print

Aanya Real Estate Pvt. Ltd. Vs DCIT (ITAT Mumbai) In M/s. Aanya Real Estate Pvt. Ltd. v. Deputy CIT [IT A No. 115/Mum/2020 decided on July 20, 2021] M/s. Aanya Real Estate Pvt. Ltd. (“the Appellant”) is a real estate company. During assessment, it was noted that the Petitioner had disclosed payment for Exchange Server […]

Consultant Doctors cannot be treated as employee for TDS deduction

July 14, 2021 5496 Views 0 comment Print

DCIT Vs Hurkisondas Nurrotumdas Hospital & Research Centre (ITAT Mumbai) Going by the factual matrix as enumerated in the preceding paragraphs, it could be noted that the terms of arrangement with consultant Doctors was different from employee-doctors. The consultant doctors were paid based on the services rendered by them and on the basis of doctors’ […]

HC grants Stay to Vodafone as non-completion of hearing was solely attributable to revenue

July 12, 2021 750 Views 0 comment Print

Thus it is clear that non completion of hearing of this appeal is solely attributable to revenue. In these circumstances, we are of the considered opinion that there is no change in facts and circumstances of the case. Accordingly, we extend the stay for a period of six months or till the disposal of the appeal whichever is earlier.

Notional rent not leviable if a flat is inhabitable and in a ruinous condition

July 12, 2021 1458 Views 0 comment Print

Explore ITAT Mumbai’s rulings in Amit Jalan vs ACIT cases, covering issues like notional rent for vacant flats and municipal ratable values.

ITAT criticises CIT(A) for lack of judicious approach

July 11, 2021 882 Views 0 comment Print

Qantas Airways Ltd. Vs ACIT (ITAT Mumbai) Section 194C TDS deductible on Payment for use of lounge facilities by passengers A payment for the use of lounge facilities by the passengers, in our considered view, is clearly in the nature of payment for the use of certain facilities for the passengers. What passenger gets by […]

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