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ITAT Mumbai

ITAT on addition for share application money received from bogus shareholders

October 4, 2018 2028 Views 0 comment Print

ACIT Vs Goldmohur Design And Apparel Park Ltd (ITAT Mumbai) Bombay High Court in CIT vs Gangadeep Infrastructure Pvt. Ltd. (394 ITR 680)(Bom.) held in this context to the pre-amended section 68 has held that where the Revenue urges that the amount of share application money has been received from bogus shareholders then it is […]

Addition for ON MONEY received on Sale of Flat should be based on evidence found during search

October 3, 2018 6915 Views 0 comment Print

M/s Runwal Projects Pvt Ltd Vs DCIT (ITAT Mumbai) There is no dispute with regard to the fact of receipt of on-money from sale of flats. This fact has been admitted by the assessee including its director in the statement recorded during the course of search. This fact is also supported by incriminating material found […]

TDS U/s. 195 on Grant of license for copyrighted software for internal business purposes

October 1, 2018 18816 Views 0 comment Print

Reliance General Insurance Co. Ltd. Vs ITO (ITAT Mumbai) We shall first advert to the remittance of USD 100,000 made by the assessee towards licence fees to M/s Fair Isaac International Corpn. We have perused the copy of the agreement entered into by the assessee with M/s Fair Isaac International Corpn i.e “Fair Isaac Order […]

ITAT allows Proportionate Vacancy Allowance for period of Vacancy

September 30, 2018 1254 Views 0 comment Print

Saif Ali Khan Pataudi Vs ACIT (ITAT Mumbai) In case the property or part thereof was vacant during the period, the proportion deduction should be allowed from the sum on which the property might reasonably be let out from year to year. We find that it is the plea of the assessee that due to […]

Deduction U/s. 54 on Investment in 4 adjacent flats made into single residential house

September 29, 2018 5025 Views 1 comment Print

Where assessee had independently acquired multiple flats, which, however, were joined together and used by the assessee as a single residential unit, the claim for exemption under section 54 in respect of total investment made towards acquisition of the said flats could not be denied.

TDS not deductible on reimbursement of management charges to overseas HO

September 27, 2018 747 Views 0 comment Print

Where assessee (Indian branch office) had reimbursed the payments towards management charges to its overseas head office, addition under section 40(a)(ia) was unjustified because it was against the object of Indo-US DTAA.

Section 14A could only be invoked in presence of exempt income

September 26, 2018 1566 Views 0 comment Print

When no exempt income was received or receivable on the investments, no disallowance u/s 14A of the Income Tax Act, 1961 is warranted.

AO has to strike off & specify the limb to initiate penalty proceedings

September 24, 2018 1224 Views 0 comment Print

Deutsche Bank Ag, Mumbai vs. ADIT (International Taxation) (ITAT Mumbai)- Assessing Officer has to strike off and specify the charge/limb for which he is proposing to initiate penalty proceedings under section 271(1)(c): Deutsche Bank case

Web Hosting Services to Indian Entities cannot be treated as FTS

September 24, 2018 1194 Views 0 comment Print

M/s. Savvis Communications Corporation Vs DCIT- International Taxation (ITAT Mumbai) Undoubtedly, when the assessee receives an income on account of allowing a customer to use a scientific equipment, it does become taxable for the reason of its being characterized as such, but the use of a scientific equipment by the assessee, in the course of […]

Gain from High volume of trade in shares held for very short period is Business Gain

September 24, 2018 1197 Views 0 comment Print

Vidyasagar M.P. Sah Vs DCIT (ITAT Mumbai) In this case Though activity of purchase and sale of shares was not the main occupation of assessee, however, high volume of trade in shares, and very short holding period showed that assessee was using his knowledge, skill and resources to deal in shares, and gains arising on […]

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