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ITAT Mumbai

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

December 19, 2020 1608 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 1128 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 1821 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 2598 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 2736 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 1170 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 3531 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 2427 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 […]

Data Processing Cost reimbursement did not constitute ‘Royalty’

December 5, 2020 600 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 12435 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.

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