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ITAT Mumbai

Know-how under development is self-generated asset & hence no Capital Gain Tax

June 13, 2020 4269 Views 0 comment Print

Whether the CIT(A) is correct in holding that consideration received on assignment of know-how is chargeable to tax as Capital Gains?

Reassessment merely on Investigation officer report is unsustainable

June 7, 2020 1512 Views 0 comment Print

Ashapura Minichem Limited Vs DCIT (ITAT Mumbai) The issue under consideration is whether the re-opening of assessment u/s 147 is justified in law? The assessee before us is a listed public limited company engaged in the business of mining bauxite and selling the same in domestic as well as international market. In the present case […]

Section 14A applies to share of profit from partnership firm

June 6, 2020 8760 Views 0 comment Print

The issue under consideration is whether Section 14A will be applicable on Profit sharing from Partnership Firm, which is exempt in the hands of partners?

No Section 271AAB Penalty on Income voluntarily admitted during Search

June 6, 2020 2121 Views 0 comment Print

The issue under consideration is whether the penalty levied u/s 271AAB of the Act is justified on Income voluntarily admitted during Search by Appellant?

MSBTE is ‘State’ under Indian Constitution & Exempt from Income Tax

June 3, 2020 2103 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in holding that the appellant is not a state under Article 289 of the Constitution of India and therefore, liable to tax under the Income Tax Act?

Deduction u/s 35(2AB) can’t denied, merely because of no approval of expenditure

May 29, 2020 7467 Views 0 comment Print

Once R&D facility has been recognized by competent authority, then deductions provided u/s 35(2AB) cannot be denied, merely for the reason that approval of expenditure for impugned year in prescribed form has not been received from competent authority.

Deeming section 50C cannot override section 45(3)

May 29, 2020 6330 Views 0 comment Print

The issue under consideration is whether A.O. is correct by adding long term capital gains by applying section 50C in case where land is transferred by the partner in his firm as capital contribution?

No section 14A disallowance if there is no exempt income in that year

May 24, 2020 3621 Views 0 comment Print

DCIT Vs JSW Limited (ITAT Mumbai) The issue under consideration is whether A.O. is correct in restricting the disallowance under section 14A of the Income Tax Act, 1961, without appreciating the fact that the appellant company has not earned any tax-exempt income during the relevant assessment year? As per Section 14A of the Act, the […]

Nature of transaction depend upon facts & circumstances of case & not merely on rules or principle 

May 20, 2020 2985 Views 0 comment Print

Haresh Khiamal Nanwani Vs ACIT (ITAT Mumbai) The issue under consideration is whether ACIT is correct in treating the sale of investments in immovable properties as a business activity rather than considering it as capital gains, in spite of the appellant holding the flats for more than 36 months. Assessee state that, he had shown […]

No addition for TP Adjustment towards interest on debentures invested in AE

May 19, 2020 3567 Views 0 comment Print

Gurgaon Investment Ltd. Vs DDIT (ITAT Mumbai) The issue under consideration is whether addition made on account of Transfer Pricing Adjustment towards interest on debentures invested in the Associated Enterprise (AE) Vital Construction Pvt. Ltd. (VCPL) is justified or not? Assessee, a non-resident company incorporated in Mauritius. Through one of its AEs based in Mauritius […]

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