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ITAT Mumbai

Data Processing Cost reimbursement did not constitute ‘Royalty’

December 5, 2020 555 Views 0 comment Print

DCIT Vs KBC NV (ITAT Mumbai) The issue involved in this ground of appeal i.e., data processing cost paid to head office is in the nature of royalty as per Clause-3, Explanation 1 to Section 9(1)(vi) of the Income Tax Act, 1961 which is liable for withholding tax u/s.194J of the Income Tax Act, 1961 […]

No proviso to section 2(15) applies if surplus earned from activities incidental to main object being charitable in nature

December 1, 2020 11721 Views 0 comment Print

AO was not justified in denying the benefit of exemption under section 11 as income on account of membership fees, subscription fees, grant in aid from Government of India, income from publications, exhibitions, award functions etc. were incidental to assessee’s main object to address national issues relating to real estate sector and better standard for its all member associations.

Netting off Interest Expenditure against Interest Income in absence of direct relation Not Allowed

November 28, 2020 1644 Views 0 comment Print

The issue under consideration is whether the netting off interest expenditure against interest income is allowed u/s 56 of Income Tax Act?

Deduction u/s 36(1)(ii) Allowed for Bonus Paid to Directors who are Shareholder of Company 

November 27, 2020 13956 Views 1 comment Print

The issue under consideration is whether the CIT(A) is correct in upholding the action of the Assessing Officer in making a disallowance under section 36(l)(ii) of the Act; being bonus paid to the Directors of the Company by holding that such payments are in lieu of dividend or profits?

Appeal Against Revisionary Section 263 should be Filed Before Tribunal: ITAT Mumbai

November 27, 2020 5196 Views 0 comment Print

The issue under consideration is whether the ld. CIT(A) was justified in upholding the disallowance made on account of unverifiable purchases? Appel Against Revisionary Order u/s 263 should be Filed Before Tribunal: ITAT Mumbai

Interest on business advances held as fixed deposit is Business Income

November 22, 2020 7350 Views 0 comment Print

ACIT Vs National Film Development Corporation Ltd. (ITAT Mumbai) We are of the opinion that considering the facts that assessee’s business -production of films for Ministries of Government of India and various government departments-and the durations for which the amounts were kept with banks the income earned by it has to held as business income. […]

Foreign tax credit available even on income not subjected to tax in India except foreign tax paid in Finland & Canada

November 22, 2020 3096 Views 0 comment Print

Tata Consultancy Services Ltd. Vs Addl. CIT (ITAT Mumbai) As could be seen, while the Assessing Officer has disallowed assessee’s claim of foreign tax credit in respect of income exempt under section 10A/10AA of the Act on the reasoning that only such income which is subjected to tax in both the countries would qualify for […]

TDS not deductible on Agency Commission paid to Overseas Agents not having PE in India

November 21, 2020 11286 Views 0 comment Print

DCIT Vs Shamrock Pharmachemi Pvt.Ltd. (ITAT Mumbai) We find that assessee is engaged in the business of trading activity of import and export of pharmaceutical ingredients, chemicals and intermediates. We find that the assessee debited a sum of Rs. 4,18,50,792/- in its profit and loss account towards export commission paid to overseas agents, who arrange […]

Interest paid on borrowed funds used for business cannot be disallowed

November 21, 2020 3021 Views 0 comment Print

ACIT Vs Chinsha Property Pvt Ltd. (ITAT Mumbai) Since the company was engaged in the business of real estate, property in Tulsiwadi was acquired for redevelopment. Hence, commercial expediency/business purpose assessee had invested ₹.11.25 Crores in the project. Therefore, interest cannot be disallowed. Ld. DR submitted that Assessing Officer disallowed the interest observing that assessee […]

ITAT Restricts addition for Bogus Bills at 5% of bogus purchases

November 20, 2020 2046 Views 0 comment Print

The issue under consideration is whether the CIT(A) is correct in confirming the addition made by AO for non-genuine and bogus purchases by applying profit rate at the rate of 12.5% of the bogus purchases?

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