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ITAT Mumbai

Foreign Exchange Fluctuation Loss arising out of Re-Statement of ECB Allowed

September 18, 2020 2283 Views 0 comment Print

Whether CIT(A) was justified in confirming the disallowance of foreign exchange fluctuation loss arising out of re-statement of External Commercial Borrowings (ECB) at the year end rates in accordance with AS-11?

No disallowance of discount for Non-Deduction of TDS

September 18, 2020 1254 Views 0 comment Print

Whether disallowing expenditure in the nature of discount under section 40(a)(ia) for non-deduction of tax u/s 194J by considering it as commission is justified in law?

No Section 14A addition if no exempt income earned in relevant year

September 17, 2020 1512 Views 0 comment Print

DCIT Vs Asset Auto India Pvt. Ltd (ITAT Mumbai) The fact remains that no exempt income was earned by the assessee during the year under consideration. The Ld. CIT(A) has rightly followed the judgement of the Hon’ble Delhi High Court in Holcim India (P.) Ltd (supra).; IL & FS Energy Development Company Ltd (supra), where […]

Expenses on Replacement of Jigs & Fixtures Allowable as revenue

September 16, 2020 2367 Views 0 comment Print

ACIT Vs Bajaj Holdings & Investment Ltd (ITAT Mumbai) The issue under consideration is whether the replacement of jigs and fixtures considered as revenue expense or capital expense? ITAT states that, the expenditure incurred on replacement of jigs and fixtures are basically tooling aids required in the production process and these items are part of […]

Write-back of provision is taxable only if same was claimed as a deduction earlier

September 16, 2020 14445 Views 0 comment Print

ITO Vs. Scheme A1 of ARCIL CPS (ITAT Mumbai) Reversal of the impairment provision created by the assessee in the earlier years in respect of the financial asset was merely a book entry without any corresponding amount payable by anybody or any possibility of receiving any benefit or money or money’s worth. We are of […]

100% of Bogus Purchase cannot be disallowed as Sales are linked with Purchases

September 14, 2020 10872 Views 0 comment Print

The issue under consideration is whether the CIT is correct in restricting the disallowance u/s 69C against bogus purchase at rate of 12.5% of the bogus purchases?

Surplus consideration received on ‘Surrender of Booking Rights’ tantamount to ‘Capital Gains’

September 13, 2020 11115 Views 2 comments Print

Mukesh Sohanraj Vardhan Vs. ITO (Mumbai ITAT) The ITAT Mumbai has put to rest an important controversy in the case of Mukesh Sohanraj Vardhan vs Income Tax Officer Mumbai decided on 28 August 2020 by holding that the extra consideration received on cancellation of Booking of Flats constitutes a ‘Capital Receipt’ and cannot be taxed as […]

Tenant is Deemed Owner in case of Long Term Lease & Rent Taxable as House Property Income

September 13, 2020 11076 Views 0 comment Print

whether assessee is considered as monthly tenant or deemed owner of the premises u/s.27(iiib) read with Section 269UA(f)(i) of the Act and accordingly whether rental income is taxable u/s.22 as ‘income from house property’ or not?

Dissimilar products cannot be taken to determine gross margin by RPM

September 12, 2020 1524 Views 0 comment Print

Resale Price Method (RPM) is a GP margin based method. It is a traditional transaction method. It primarily compares controlled and uncontrolled transactions. Under RPM we can tolerate slight differences in the products distributed by the two types of distributors as long as the broad category of products distributed is the same.

TDS deductible on year-end provisions debited to profit & loss account

September 10, 2020 9525 Views 0 comment Print

Tata Sky Limited Vs ACIT (ITAT Mumbai) Assessee made year-end provisions in respect of sale promotion, legal and professional fees, interest and programming costs. Further, these provisions were debited to the profit and loss account and not added back to the computation of total income by the assessee. Once, the assessee has claimed these expenses […]

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