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ITAT Mumbai

Penalty u/s 271E may not be imposed where circumstances compels assessee to make repayment in cash

December 9, 2015 1151 Views 0 comment Print

ITAT Mumbai held In the case of Jayantilal Vaishnav HUF vs. JCIT that the reasonable cause u/s 273B need to be seen from the context of the situation where a person is reasonably and under bonafide belief of taking a action beyond his control i.e. cause which prevent a reasonable person in ordinary

Payment made to Independent Consultants is liable for deduction u/s 194J and not 192

December 9, 2015 4366 Views 1 comment Print

Appeal filed by Assessee – The Assessee is a company incorporated under the provisions of Companies Act, 1956 and is engaged in running a Super Specialty Cardiac hospital. The assessee employs two types of Doctors, viz. Full time Consultants (herewith “FTCs)

Addition u/s 68 on account of share application money not justified where validity of transaction beyond doubt

December 7, 2015 1068 Views 0 comment Print

ITAT Mumbai held In the case of ITO vs. M/s. Superline Construction P. Ltd. that the assessee had duly discharged the burden of proof, onus of proof and explained the source of share capital and advances received by established the identity

Income which an assessee could have, but has not earned cannot be made taxable as income accrued

December 7, 2015 727 Views 0 comment Print

DCIT VS. Maharashtra State Electricity Board (ITAT MUMBAI) The assessee was entitled to get subsidy @3% from the state government. As per the agreement with WB it was decided that it would get higher subsidy i.e. 4.5 %.

CIT to form a Prima-facie opinion w.r.t erroneous and prejudiciality of A.O.’s order for exercising jurisdiction u/s 263

November 30, 2015 529 Views 0 comment Print

In the case of M/s A.V. Industries vs ACIT, Mumbai Tribunal held that when the assessee shows from the record that the necessary enquiries were made by the AO and the AO had applied his mind and the view adopted by him was one of the possible views

Gain on Sale of Shares cannot be treated as business income for Mere Sale of Share in Short Span of time

November 28, 2015 4219 Views 0 comment Print

Hema Hiren Dand vs. JCIT (ITAT Mumbai) Merely because the assessee liquidates its investment within a short span of time, which had given better overall earning to the assessee, would not lead to the conclusion that the assessee had no intention to keep on the funds as investor in equity shares

TP provisions requires comparison of a controlled transaction with uncontrolled transaction, comparison within two controlled transaction is immaterial

November 28, 2015 964 Views 0 comment Print

ITAT Mumbai held In the case of Greaves Cotton Ltd. vs. ITO that under the transfer pricing regulations, a comparability analysis is a comparison of a controlled transaction with uncontrolled transaction

Revenue expenses after setting up of business allowable despite non-commencement of business

November 27, 2015 997 Views 0 comment Print

ITAT Mumbai held in Reliance gems & Jewels ltd Vs DCIT that the revenue expenditure would be allowed as an expense after the setting up of the business before the commencement of the business. The expense incurred on recruitment of employees gave indication that the business had been set up

Interest on IT Refund/ FDR, Other interest and Tender fees eligible for deduction u/s 80IA

November 27, 2015 2665 Views 0 comment Print

ITAT Mumbai held in M/s Hiranandani Builders Vs ITO that the followings receipts were also eligible for deduction u/s 80IA considering the same to be profits from undertakings: 1.Interest on IT refund 2.Other Interest 3. FDR Interest 4. Tender fees

Mere non-intimation of amendments in Trust Deed cannot lead to cancellation of registration

November 27, 2015 5428 Views 0 comment Print

Issue- The Assessing Officer has denied the exemption under section 11/12 to the assessee on the ground that the objects of the assessee Trust have been amended after the grant of Registration under section 12A of the Act without getting itself re-registered

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