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ITAT Mumbai

Mere Retracted Statement without nexus Insufficient for Section 69A Addition

March 19, 2024 795 Views 0 comment Print

Mumbai ITAT rules that a retracted statement without nexus to the taxpayer cannot justify addition under Sec 69A, offering relief to the appellant in Mayur Kanjibhai Shah Vs ITO.

Higher interest paid on unsecured loan to related party justified as loan received without any security: ITAT Mumbai

March 19, 2024 2106 Views 0 comment Print

ITAT Mumbai held that rate of interest @18% paid to related party towards unsecured loan is reasonable as rate of interest charged by bank @12% is with security, whereas, rate of interest charged on unsecured loan is without any security.

Form No. 68 Upload Error: ITAT directs AO to reconsider Section 270A immunity

March 19, 2024 2709 Views 0 comment Print

Mumbai ITAT directs AO to reconsider immunity from penalty u/s 270AA for Prathamesh Vivek Khot vs ITO. Error in Form 68 caused delay. Detailed analysis & implications.

Toll Collection Right Deemed Intangible Asset: Depreciation allowed

March 19, 2024 933 Views 0 comment Print

Mumbai ITAT allows depreciation on ‘right to collect toll tax’ on infrastructure facilities for Roadstar Investment vs ACIT. Detailed analysis and implications provided.

Section 11 exemption can’t be denied merely for Journal Sale & Subscription Income

March 19, 2024 813 Views 0 comment Print

Mumbai ITAT rules income from sale and subscription of journals not basis to deny exemption u/s 11 if not main objects of trust in ITO vs Satvichar Darshan case. Detailed analysis provided.

Manufacturing & distribution activity being different it is fair to segregate both contracts: ITAT Mumbai

March 19, 2024 819 Views 0 comment Print

ITAT Mumbai held that as under distribution segment assessee is purchasing Finished Drug Formulation from its AE for sale in India and under manufacturing segment assessee is transacting with non-AEs, it is fair and reasonable to segregated contract of manufacturing activity and distribution activity. Accordingly, matter remanded.

Employee Contributions not deposited within PF & ESIC Act Deadlines is Disallowable: ITAT

March 18, 2024 813 Views 0 comment Print

Explore the Mumbai ITAT’s ruling on disallowing contributions to Provident Fund and ESIC if not deposited within due dates, impacting C. Doctor & Co. Pvt. Ltd.

Revisional jurisdiction u/s 263 rightly invoked as order passed without satisfying mandatory provisions of section 92CA: ITAT Mumbai

March 18, 2024 7482 Views 0 comment Print

ITAT Mumbai held that assessment order passed without satisfying mandatory provisions of section 92CA and CBDT instruction no. 3 of 2016 is order falling within the meaning of erroneous and prejudicial to the interest of revenue. Hence, revisional jurisdiction u/s. 263 of the Income Tax Act rightly invoked.

Transfer pricing study selecting AE as tested party duly acceptable: ITAT Mumbai

March 18, 2024 621 Views 0 comment Print

ITAT Mumbai held that assessee selecting Associated Enterprise (AE) as “tested party” justifiable. Accordingly, transfer pricing study conducted by the assessee is duly acceptable.

Issuance of Letter of Comfort to banker of AE doesn’t constitute international transaction u/s. 92B: ITAT Mumbai

March 18, 2024 1116 Views 0 comment Print

ITAT Mumbai held that there is a fundamental gap between guarantee and Letter of Comfort. Guarantee is a legally enforceable; however, Letter of Comfort is not. Thus, issuing Letter of Comfort to the Bankers of AE, the assessee did not incurred any cost and hence it does not constitute international transaction under section 92B of the Act

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