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ITAT Mumbai

CIT cannot expand limited scrutiny by section 263 Order

December 20, 2020 2787 Views 0 comment Print

Sonali Hemant Bhavsar Vs PCIT (ITAT Mumbai) We observe from the notice issued under section 143(2) of the Act for limited scrutiny dated 19.09.2016 and find merits in the contentions of the assessee that the said limited scrutiny can not be expanded unless the AO converted it into complete scrutiny with the approval of Ld. […]

Section 263 Revisional Jurisdiction not permitted to traverse beyond jurisdiction vested with AO

December 20, 2020 1065 Views 0 comment Print

R. & H. Property Developer Pvt. Ltd. Vs PCIT (ITAT Mumbai) Pr. CIT had held the order passed by the A.O under Sec. 143(3), dated 10.10.2016 as erroneous, in so far it was prejudicial to the interest of the revenue, for the reason, that he had failed to carry out proper investigation as regards the […]

ITAT Allows Foreign Tax Credit under Indo-Japanese Tax Treaty to Law Firm

December 19, 2020 1560 Views 1 comment Print

ITAT Mumbai verdict on Amarchand & Mangaldas vs ACIT. Disputed tax credit under Indo-Japanese tax treaty. Details of the case and judgment.

Education cess paid on Income Tax & surcharge eligible for section 37(1) deduction

December 18, 2020 1071 Views 0 comment Print

Nirpan Securities Pvt. Ltd. Vs ACIT (ITAT Mumbai) We find that the issue in dispute herein is squarely covered by the decision of the Hon’ble Jurisdictional High Court in the case of Sesa Goa Ltd., vs. JCIT reported in 117 Taxmann.com 96 wherein the Hon’ble High Court had categorically held that education cess paid on […]

ITAT deletes addition for Notional Rent on Property lying vacant

December 17, 2020 1788 Views 0 comment Print

Empire Infraspace India Pvt. Ltd. Vs ACIT  (ITAT Mumbai) Actually, the premises in question was on rent earlier with the HDFC Bank. Under the compelled circumstances, the tenant HDFC Bank vacated the premises because the Metro Rail Project came before the premises, therefore, the said premise was vacated by Bank. On similar circumstances, the Hon’ble […]

ALP computed by adopting lending rate of banks in India is not sustainable

December 15, 2020 2460 Views 0 comment Print

Bombay Rayon Holdings Ltd. Vs ITO (ITAT Mumbai) Another issue in this regard for A.Y.2010-11 onwards is that the loan has been converted into share application money. In this regard, the ld. Counsel of the assessee has placed reliance upon several case laws that share application money is shareholder fund and no interest should be […]

Addition on matters not related to reasons recorded for reassessment based on fishing enquiry not valid

December 14, 2020 2589 Views 0 comment Print

ITAT Mumbai: Anil K. Shah’s appeal against reassessment. Challenges various additions including expenses, borrowed funds, and alleged bogus purchases. Legal and evidential arguments presented.

PCIT cannot form another view on same issue in which AO already satisfied himself & passed order

December 11, 2020 1140 Views 0 comment Print

PCIT cannot form another view on the same issue in which the Assessing Officer has already satisfied himself and passed an order which clearly indicates that the Assessing Officer has verified and investigated the matter in detail.

Tax on Interest Income & commitment fees earned by DZ Bank from its Indian clients

December 9, 2020 3216 Views 0 comment Print

DZ Bank AG – India Representative Office Vs DCIT (ITAT Mumbai) Interest Income & commitment fees earned by DZ Bank from its Indian clients could be taxed under article 11 instead of article 7 of Indian Branch under Tax Treaty: Conclusion: Interest income and commitment fees earned by DZ Bank from its Indian clients could […]

Bogus Iron & steel Purchase : ITAT restricts addition to 4%

December 6, 2020 1986 Views 0 comment Print

M/s Pavapuri Metals & Tubes Vs ITO (ITAT Mumbai) It is not in dispute that sales have been accepted as genuine from out of these purchases. When the sales have been accepted as genuine the entire purchases cannot be treated as non-genuine. The Hon’ble Gujarat High Court in the case of Bholanath Polyfab Pvt. Ltd […]

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