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ITAT Mumbai

Legal Expenses to Defend Criminal Charges against Directors Allowable

May 14, 2022 1713 Views 0 comment Print

Majestic Infracon Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT held that expenses incurred even for defending the directors and their relatives in criminal litigations are admissible expenses provided that are incurred in order to protect the business interest of the assessee. The undisputed facts are that the directors of the assessee company and the other […]

Income Tax proceedings cannot continue against corporate debtor during pendency of insolvency proceedings

May 13, 2022 816 Views 0 comment Print

We find that in view of Section 14 of IBC 2016 no proceedings can continue against the corporate debtor during the pendency of insolvency proceedings.

ITAT deletes TP Adjustment as TPO adopts Wrong GP Margin of Comparable Company

May 13, 2022 582 Views 0 comment Print

B. Braun Medical (India) Private Limited Vs DCIT (ITAT Mumbai) ITAT deletes Transfer Pricing (TP) Adjustment as TPO adopts Wrong Gross Profit (GP) Margin of Comparable Company The assessee raised an additional ground before the Ld. DRP stating that the gross profit margin of ADS Diagnostics Ltd., had been wrongly worked out by the Ld. […]

Section 54F: Date of allotment will be treated as date of acquisition

May 10, 2022 3651 Views 0 comment Print

ACIT Vs Keyur Hemant Shah (ITAT Mumbai) Upon perusal, the undisputed facts that emerges are that the assessee has acquired the rights in a duplex flat on 1 2th & 1 3th floor front facing the road admeasuring 1961.75 Square Feets & terrace measuring 881.5 Square Feets as per the attached layout plan along with […]

100% disallowance for bogus purchase cannot be done if Sales not doubted

May 8, 2022 6210 Views 0 comment Print

Ashok Popatbhai Chaudhari Vs ITO (ITAT Mumbai) The Income Tax Officer in this case has made 100% addition on account of bogus purchase resulting in disallowance of Rs. 56,085/-. Upon assessee’s appeal ld. CIT(A) confirmed the same. It is settled law that when sales are not doubted, 100% disallowance for bogus purchase cannot be done. […]

Section 50C not applies to transfer of reversionary rights of property

May 8, 2022 2739 Views 0 comment Print

ACIT Vs Byramjee Jeejeebhoy Pvt. Ltd. (ITAT Mumbai) Revenue is aggrieved with the observation of the CIT(A) that the provisions of Sec. 50C of the Act would not stand triggered in respect of the transaction of transfer of reversionary rights of the property in question by the assessee to M/s Yash & Yashika Mercantile (P) […]

Expense cannot be disallowed merely based on Tax Audit Report

May 8, 2022 7008 Views 0 comment Print

Kalpesh Synthetics Pvt Ltd Vs DCIT (ITAT Mumbai) Grievance of the assessee, as requiring our adjudication in this appeal, is that the learned CIT(A) was not justified in upholding the adjustment, made by the Centralized Processing Centre Bengaluru while processing income tax returns under section 143(1) based on certain inputs from the tax audit reports […]

PCIT/CIT cannot impose any conditions for grant of Section 12AB(1)(a) registration

May 7, 2022 1329 Views 0 comment Print

Saifee Burhani Upliftment Trust Vs CIT (Exemptions) (ITAT Mumbai) In the present case, it has not been disputed that the assessee trust was duly registered under section 12AA of the Act. Thus, the only provision applicable to the assessee trust for the purpose of applying for registration is section 12A(1)(ac)(i) of the Act. Further, section […]

ITAT allows Interest on delayed payment of Services Tax, PF, VAT

May 7, 2022 2727 Views 0 comment Print

Neelkamal Realtors Suburban Pvt. Ltd. Vs ACIT (ITAT Mumbai) ITAT find that identical issue has been decided by the co-ordinate Bench in case of Emdee Digitronics Pvt. Ltd Vs. PCIT in ITA No. 361/Kol/2019 dated 28th June, 2019, wherein the co-ordinate Bench in Para No.12 relying on the decision of M/s Naaraayani Sons Pvt. Limited, […]

TDS not deductible on Payment to foreign insurer not having PE in India

May 6, 2022 8502 Views 0 comment Print

There is absolutely no dispute that the foreign reinsurers does not have any place of business in India / permanent establishment in India / branch established in India / Liaison office in India. Hence, any payment made by the assessee company to such foreign insurers would not be chargeable to tax in the hands of the foreign reinsurers in India in terms of Section 195(1) of the Act.

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