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ITAT Mumbai

Reassessment proceeding against BCCI quashed due to failure of issuance of Notice

August 4, 2021 1503 Views 0 comment Print

DCIT Vs Board of Cricket Control in India (ITAT Mumbai) Deputy Commissioner of Income Tax has challenged correctness of the order dated January 09, 2019 passed by CIT(A) quashing the reassessment order passed by the Appellant without issuance of notice under Section 143(2) of the Income Tax Act, 1961 (IT Act), for the assessment year […]

Regular Vs. Slump Sale: Assessee cannot be allowed to take shifting stands

August 2, 2021 1227 Views 0 comment Print

Emil Pharmaceutical Industries Private Limited Vs DCIT (ITAT Mumbai) In this case learned CIT(A) has noted that the assessee has not produced supporting documents such as the list of employees at the time of the sale, electricity bills and other details necessary to establish the existence of an undertaking in a continuous business. Furthermore, we […]

ITAT grants stay to Vodafone subject to payment of tax of Rs 230 crores

July 26, 2021 858 Views 0 comment Print

Vodafone India Services Limited Vs ACIT (ITAT Mumbai) 1. By way of this application, the asses see-applicant seeks a stay on collection recovery of the tax and interest demands, aggregating to Rs 1128.46 crores, in the matter of assessment under section 143(3) r.w.s. 144C of the Income Tax Act, 1961, for the assessment year 2014- […]

No penalty leviable unless the conduct of the assessee is found to be contumacious

July 20, 2021 3006 Views 0 comment Print

Aanya Real Estate Pvt. Ltd. Vs DCIT (ITAT Mumbai) In M/s. Aanya Real Estate Pvt. Ltd. v. Deputy CIT [IT A No. 115/Mum/2020 decided on July 20, 2021] M/s. Aanya Real Estate Pvt. Ltd. (“the Appellant”) is a real estate company. During assessment, it was noted that the Petitioner had disclosed payment for Exchange Server […]

Consultant Doctors cannot be treated as employee for TDS deduction

July 14, 2021 6354 Views 0 comment Print

DCIT Vs Hurkisondas Nurrotumdas Hospital & Research Centre (ITAT Mumbai) Going by the factual matrix as enumerated in the preceding paragraphs, it could be noted that the terms of arrangement with consultant Doctors was different from employee-doctors. The consultant doctors were paid based on the services rendered by them and on the basis of doctors’ […]

HC grants Stay to Vodafone as non-completion of hearing was solely attributable to revenue

July 12, 2021 939 Views 0 comment Print

Thus it is clear that non completion of hearing of this appeal is solely attributable to revenue. In these circumstances, we are of the considered opinion that there is no change in facts and circumstances of the case. Accordingly, we extend the stay for a period of six months or till the disposal of the appeal whichever is earlier.

Notional rent not leviable if a flat is inhabitable and in a ruinous condition

July 12, 2021 2082 Views 0 comment Print

Explore ITAT Mumbai’s rulings in Amit Jalan vs ACIT cases, covering issues like notional rent for vacant flats and municipal ratable values.

ITAT criticises CIT(A) for lack of judicious approach

July 11, 2021 1071 Views 0 comment Print

Qantas Airways Ltd. Vs ACIT (ITAT Mumbai) Section 194C TDS deductible on Payment for use of lounge facilities by passengers A payment for the use of lounge facilities by the passengers, in our considered view, is clearly in the nature of payment for the use of certain facilities for the passengers. What passenger gets by […]

Loss on purchase of commodities which was not delivered in actual would be treated as business loss

July 5, 2021 11172 Views 0 comment Print

The loss arising on account of payment made towards purchase of commodities, which were never delivered to assessee, shall be allowable as regular business loss u/s 28 of the Act and the said loss cannot be considered as speculative.

Section 10A deduction allowable on interest income & foreign exchange gain

June 30, 2021 2241 Views 0 comment Print

Tech Mahindra Business Services Ltd Vs DCIT (ITAT Mumbai) Undisputedly, the assessee has earned the interest income from the deposit made towards bank guarantee and temporary parking of surplus funds. It is evident, the assessee has no other activity of earning income except export of ITES through its 10A unit. Thus, it can be safely […]

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