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ITAT Mumbai

Procedure to claim Refund On Contract Cancellation with non-resident

August 26, 2013 1656 Views 0 comment Print

Case of the assessee is covered by sub-clause (b) of clause 2 of Circular No. 7 dated 23-10-2007 and it is also covered by clause 2(b) of Circular No. 790 dated 20.04.2000. In para 2.1 of Circular 7 dated 23-10-2007, it is clearly provided that once the amount already remitted in pursuance

inadvertent mistake by assessee in filing of Return of Income Tax will not lead to disallowance

August 20, 2013 2358 Views 0 comment Print

Facts of the case show that the assessee filed return of income declaring net income of Rs. 24,14,640/- electronically on 21.10.2007. The return was processed u/s. 143(1) of the I.T. Act. The assessee noticed that credit for advance tax of Rs. 1,10,000/- and TDS of Rs. 5,38,560/- was not allowed to the assessee.

Assessee cannot be held liable to deduct TDS merely on the basis of book entry

August 20, 2013 2763 Views 0 comment Print

The dispute is regarding treating the assessee in default u/s 201 (1) and consequential levy of interest u/s 201 (1A) for failure to deduct TDS in respect of amounts payable to M/s Overseas Shipbuilding Cooperation Centre in connection with consultancy work.

Classfication of Shares when all such shares been bought in regular course business?

August 13, 2013 1571 Views 0 comment Print

In the instant case, all the shares have been bought by the assessee in the regular course of his business, employing common funds, depositing them in the same D-Mat account, and even through the same broker and infrastructure.

Levy of Penalty u/s 271(1)(c) if enhancement in assessment is been fully absorbed by brought forward business loss?

August 13, 2013 1829 Views 0 comment Print

The penalty in the instant case stands levied in the sum of Rs.2,41,858/-, i.e., at 100% of the tax sought to be evaded, in view of Explanation (4) to section 271(1)(c). The entire enhancement in assessment having been absorbed against brought forward (unabsorbed) business losses

Lease premium for allotment of a plot of land do not attract provision of section 194-I

August 5, 2013 2909 Views 0 comment Print

The entire grievance revolves around the premium paid by the assessee to M/s. MMRDA Ltd. for the leasehold rights acquired by the assessee through the lease deed dt. 22nd November, 2004. It is the say of the Revenue that this lease premium was liable for deduction of tax at source failing

Mere repetitive transactions in shares cannot ipso-facto make Assessee a trader

August 4, 2013 949 Views 0 comment Print

The assessee has shown Long Term Capital gains during the year at Rs. 3888,313/- which has been accepted by the AO. If the AO was of the firm belief that the assessee is engaged in trading activities in the shares then it should not make any difference if the shares are held more than 12 months

S. 54 Exemption available on Acquisition of new flat in exchange of old flat

July 22, 2013 2684 Views 0 comment Print

The dispute is regarding allowability of exemption under section 54 of the Act and computation of long term capital gain in respect of exchange of old flat with a new flat and cash compensation under development agreement with the builder.

TP- Making distinction between alcoholic beverages like ‘whisky’ and ‘other than whisky’, is undesirable for comparability under TNMM

July 21, 2013 4942 Views 0 comment Print

The arm’s length result under the TNMM is determined to the net profit margin of a comparable transactions under a comparable circumstances and the profitability derived from uncontrolled party engaged in similar business activity under similar circumstances are to be analysed.

No section 43B disallowance for PF deposited within permissible grace period

July 3, 2013 807 Views 0 comment Print

Explore Zyg Pharma vs. DCIT case – Sales tax waiver taxability and provident fund delay. Learn about ITAT Mumbai’s decision on these income tax matters.

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