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ITAT Mumbai

In absence of PE Royalty Income of Warner Bros., USA arising outside India cannot be taxed

January 19, 2023 1080 Views 0 comment Print

As the assessee does not have any permanent establishment in  India, the incomes arising outside Indian Territories cannot be brought  to tax.

Business support services cannot be treated as Technical Services in absence of transfer of technology

January 19, 2023 1212 Views 0 comment Print

Michael Page International Pte Limited Vs DCIT (ITAT Mumbai) ITAT held that unless the recipient of the services, by virtue of rendition of services by the assessee, is enabled to provide the same services without recourse to the service provider, the services cannot be said to have made available the recipient of services. A mere […]

Re-opening of assessment merely based on information from DGIT(Inv.) is untenable

January 19, 2023 1605 Views 0 comment Print

ITAT Mumbai held that re-opening of assessment without ‘reason to believe’ simply based on the information from DGIT(Inv.) is untenable in law.

Conditional approval under section 80G by PCIT is unsustainable

January 19, 2023 1776 Views 0 comment Print

ITAT Mumbai held that granting of conditional approval under section 80G of the Income Tax Act by PCIT/CIT is unsustainable in the eyes of law.

Transaction cannot be doubted for mere non-reply to section 133(6) notice

January 19, 2023 17355 Views 0 comment Print

Merely because entity has not responded to section 133 (6) notice the transaction cannot be doubted and be treated as non-genuine

Bogus Purchase- No addition for amount shown in work in progress

January 19, 2023 1728 Views 0 comment Print

Since Bogus Purchase expenses were shown by assessee under the head work in progress and has not been reflected in the trading account, therefore, no addition can be made.

Furnishing of Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020

January 19, 2023 14409 Views 1 comment Print

Requirement of furnishing audit report in Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020 only.

Deduction of surcharge or cess not allowable as deduction u/s 40(a)(ii)

January 18, 2023 1281 Views 0 comment Print

ITAT Pune held that surcharge or cess being part of income tax is not allowable as deduction under section 40(a)(ii) of the Income Tax Act.

Income from Restaurant Business can be declared on Presumptive Basis – Section 44AD

January 18, 2023 10602 Views 0 comment Print

Hotel Deepak Vs ACIT (ITAT Mumbai) The brief facts are that the assessee firm is engaged in the restaurant business. Pursuant to the survey action u/s.133A of the Act conducted in the business premises of the assessee dated 22.01.2018, the partner of the assessee firm Shri Chandrakant Ramanna Shetty made a voluntary declaration of Rs.26,27,872/- […]

TPO order passed beyond time limit prescribed u/s 92CA (3A) is barred by limitation

January 17, 2023 4533 Views 0 comment Print

ITAT Mumbai held that as per section 92CA (3A) of the Income Tax Act Transfer Pricing Officer (TPO) is required to pass an order within a period of 60 days prior to the date of completion of assessment as per section 153 of the Income Tax Act. Order passed after the date will be barred by limitation.

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