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ITAT Mumbai

Denial of exemption u/s 10(23C) alleging bogus donation without evidence is unsustainable

January 31, 2023 2238 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 10(23C) of the Income Tax Act on allegation of bogus donation unsustainable in absence of evidence that donation made by assessee to those trust are bogus.

Excise duty and sales tax to be excluded from total turnover for deduction u/s 80HHC

January 31, 2023 1119 Views 0 comment Print

ITAT Mumbai held that excise duty and sales tax is to be excluded from total turnover while claiming deduction under section 80HHC of the Income Tax Act.

No disallowance if Free Samples given to Doctors recognized under UCPMP Guidelines

January 30, 2023 4152 Views 0 comment Print

While allowing deduction to pharma company, the free samples provided to doctors recognized under Uniform Code of Pharmaceutical Marketing Practices by The Department of Pharmaceuticals (UCPMP) guidelines were not violative of Indian Medical Council (MCI) Rules and distribution of free samples was directly related to business promotion activity of the pharmaceutical company. Thus it was wholly and exclusively for the purposes of the business of the company and could not be disallowed.

Section 194H TDS applicable on Payment to Oxford University for Referring Students

January 30, 2023 2043 Views 0 comment Print

Oxford University Press Vs DCIT (ITAT Mumbai) a) The assessee had made payment of School support services to various schools / societies for the services rendered by them to the assessee by way of referring the students to the booksellers to purchase the textbooks published by the assessee. b) But for the reference made by […]

ITAT explains taxability of Amount received for Time Charter of ship

January 30, 2023 2772 Views 0 comment Print

payment received by the owner from the charterer has to be reckoned as payment from operations of carriage of goods from one port in India to another port in India, which falls under the ambit of carrying out shipping business or shipping operators.

Subscription revenue from Chemical Extract Service & Publication division not qualify as Royalty

January 29, 2023 1272 Views 0 comment Print

Mumbai ITAT rules in favor of ACS, subscription charges not treated as royalty. Get insights into the decision.

Unrealized Interest on borrower accounts Classified as NPA not Taxable

January 29, 2023 3636 Views 0 comment Print

A.O. held that since the assessee is maintaining its books of accounts on accrual basis, the income in respect of bad and doubtful debt was required to be taxed on accrual basis except for the exceptions provided under rule 6EA of Income-Tax rules, 1962 read with Section 43D of the Act.

LO doing preparatory activities in India not constitute PE under Article 5 of India Switzerland DTAA

January 29, 2023 1158 Views 0 comment Print

The LO does not constitute a fixed place through which business of assessee is carried out in India. Employees of the LO do not negotiate, finalise or discuss the mechanics of contracts including pricing with the assessee’s customers. As such the employees of LO merely act as a communication link between the assessee and the airline companies. The LO did not carry any activity, beyond that permitted by the RBI. The activities carried by the LO are thus, preparatory (auxiliary) in nature. The activities/operations of the assessee in connection with the contracts are carried from outside India.

Section 54 exemption eligible on brokerage for purchase of house property & on architect fees

January 29, 2023 4407 Views 0 comment Print

Renu Ratnakar Bhattacharya Vs CIT (Appeals) (ITAT Mumbai) It is the case of the assessee that at the time of purchase of house property the assessee paid brokerage to the tune of Rs.2,50,000/- at the rate of 1% of the agreement cost of the new property to one Mr. Rajesh Mahendru. The assessee brought on […]

Section 234C: PMS performance fees cannot be estimated for advance tax calculation

January 27, 2023 1215 Views 0 comment Print

PMS performance fees cannot be estimated before hand for the purpose of calculation of advance tax payable during the year because of uncertainty about the equity market since the performance fees can be ascertained by the assessee only on the last day of the year based on the stock market position as at the end of that day. I

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