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ITAT Mumbai

AO cannot assess share premium as income on the ground that it is excessive

January 12, 2019 3171 Views 0 comment Print

M/s. Varsity Education Management Pvt. Ltd. Vs DCIT (ITAT Mumbai) In the instant case, there is no dispute to the fact that the assessee has received the sum of Rs. 1030/- per share as Share Premium. It is the case of the assessing officer is that he will accept the share premium only to the extent […]

Interest U/s. 234B cannot be levied on Income of non-resident liable to TDS

January 12, 2019 3882 Views 0 comment Print

Dimension Data Asia Pacific Pte. Ltd. Vs DCIT (ITAT Mumbai) Assessee deriving income from multiple sources can adopt provisions of I.T Act for one source & DTAA for other The Tribunal held that in case of multiple sources of income, an assessee is entitled to adopt the provisions of the Act for one source while applying […]

Section 2(22)(e) not applicable on Flat Purchase by Company for its CMD

January 10, 2019 2199 Views 0 comment Print

Aditya Jyot Eye Hospital Pvt. Ltd. Vs ITO (ITAT Mumbai) The assessee purchased the flat bearing flat no.602, in the building namely Ornate Galaxy, located at L.T. Road, Dadar (E), Mumbai. No doubt, the assessee Dr. Natarajan is the CMD of hospital and is having 99% share of the assessee company. The flat is near to […]

IMD bonds are securities and not fall within the meaning of any some of money

January 7, 2019 762 Views 0 comment Print

ITO Vs Shri Ashwin M. Savani (ITAT Mumbai) Issue of gift of Indian Millennium Deposit certificate is not taxable in the hands of the assessee who received the same upon gift and also under the terms and conditions as stipulated in the Indian Millennium Deposit Certificate. It was provided that the said certificates can be […]

Jackie Shroff allowed claim of loan written off given to wife

January 6, 2019 7311 Views 0 comment Print

When The Moneys Are Advanced As Measure Of Commercial Expediency Such Advances Are In The Nature Of Business Advances And The Write Off Of Such Advances By The Assessee Should Be Allowed As Deduction Under Section 37(1) Or Under Section 28 Of The Income Tax Act As Business Loss: Jackie Shroff Recent Case

Expense on technology upgradation of existing business is deductible

January 5, 2019 1620 Views 0 comment Print

Cox & Kings Ltd. case: Where expenses incurred were for travel booking engine and SAP software which was only for the purpose of technology upgradation to the existing business of the assessee and not creating any new line of business or asset: Expenses held to be deductible under section 37(1)

Income from Flats / Shops held as Stock-in-Trade is Business Income

January 4, 2019 10767 Views 2 comments Print

Haware Engineers & Builders Private Ltd. Vs DCIT (ITAT Mumbai) If a immovable property in the shape of flats / shops is held as stock-in-trade, then it becomes part of trading operations for the assessee and as a natural corollary, any income derived there-from would be Business Income and not Income from House Property. FULL […]

Interest will accrue on specified date if any agreement specify such date

January 4, 2019 2562 Views 0 comment Print

Credit Suisse Finance (India) P. Ltd. Appeal: When An Instrument Or An Agreement Stipulates That Interest Shall Be Payable At A Specified Date, Interest Does Not Accrue To Holder Thereof On Any Date Prior Thereto

Penalty U/s. 271(1)(c) cannot be levied for mere Wrong claim of deduction

January 3, 2019 5640 Views 0 comment Print

Merely disallowance of any claim which is legally not allowable, no penalty under section 271(1)(c) can be levied when there was no concealment of any material facts or furnishing of inaccurate particulars of income.

Reimbursement of loss to Subsidiary Companies in the course of business is allowable

January 3, 2019 3267 Views 0 comment Print

Mafatlal Industries Limited Vs ITO (ITAT Mumbai) Loss on Account of Compensation on Enforcement of Security Paid to Subsidiary Companies is allowable as same was in the course of business The assessee has claimed loss incurred by two subsidiary companies M/s Mishapar Investment Ltd & Vibhadeep Investment & Trading Ltd on the ground that the […]

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