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ITAT Mumbai

Voluntary Section 12A registration cancellation application- ITAT explains date of applicability

March 24, 2021 10005 Views 0 comment Print

R. D Tata Trust Vs PCIT (ITAT Mumbai) We are of the considered view that the impugned order of cancellation of registration granted to the assessee under section 12A must be held to be effective from the date on which the hearing on first show-cause notice was concluded and the show cause notice issued by […]

Deduction of Cess not claimed earlier in return: ITAT remits issue back to AO

March 23, 2021 678 Views 0 comment Print

Sulzer Pumps India Limited Vs DCIT (ITAT Mumbai) As mentioned earlier, for the year under consideration, the assessee has paid a sum of Rs.51,28,703/- as Cess in the return filed by it. It did not claim the amount paid, as deduction in the return filed by it for AY 2012-13. However, in the light of […]

Revenue cannot disturb consistent method of accounting being followed by assessee

March 16, 2021 1986 Views 0 comment Print

UHDE India Pvt. Ltd. Vs Addl. Commissioner of Income Tax (ITAT Mumbai) We find that the assessee has accumulated cost as well as revenue under these projects in the Balance Sheet by following completed contract method. The revenue has accepted such accumulation during AYs 2004-05 & 2005-06 and this is the third year of accumulation […]

Share trading loss cannot be disallowed without reasonable basis

March 16, 2021 1827 Views 0 comment Print

Loss incurred on account of error trades in respect of dealings of clients and not on own account and the loss incurred in course of carrying on share broking business was in line with accepted market practices, therefore, disallowance of Rs. 35,82,623/- on account of loss on share trading and ad-hoc disallowance of Rs.5,00,000/-, not supported by any reasonable basis had been rightly deleted by CIT(A).

Interest on loans against FD not allowable against interest from FDR’s

March 12, 2021 5037 Views 0 comment Print

Chandrakant R. Agrawal  Vs PCIT (ITAT Mumbai) At the first blush the claim of the assessee for setting off the interest paid on the loan raised (on security of the FDR’s) against the interest received on FDR’s appeared to be very convincing.  However, we find that the issue is no more res integra and had […]

Deemed Dividend not applicable if recipient of loan is not a shareholder

March 10, 2021 1731 Views 0 comment Print

ACIT Vs Herbert Brown Pharmaceuticals & Research Laboratories (ITAT Mumbai) The learned Departmental Representative relied upon the order of the Assessing Officer and submitted that though the recipient of loan or advance by the company is not a shareholder but is a concern in which shareholders are having substantial interest. He submitted that the learned […]

TDS not deductible by Uber India on Payments to Driver Partners

March 7, 2021 5463 Views 0 comment Print

Uber India Systems Private Limited Vs Jt. CIT (ITAT Mumbai) Uber B.V. is involved in rendering lead generation service to the Driver-Partner and transportation service is not provided by Uber B.V. or UISPL. The transportation service is provided by the Driver- Partner to the User for which the car is arranged by the Driver-Partner, all […]

Taxes paid abroad allowable as deduction in computation of income: ITAT Mumbai

March 4, 2021 3096 Views 0 comment Print

Bank of India Vs ACIT (ITAT Mumbai) To sum up, the assessee is declined the foreign tax credits for Rs 182,64,22,948, and, accordingly, we hold that the assessee is not entitled to seek a refund of that money from the Indian tax exchequer. As we hold so, we may add that in the present case, […]

ITAT recalled its order for failure to take into account document submitted

March 4, 2021 921 Views 0 comment Print

Paresh V. Shah Vs DCIT (ITAT Mumbai) I find that by way of this miscellaneous application it is the contention of the learned counsel of the assessee that the ITAT has felt into apparent error while upholding the disallowance of commission payment by not taking into account the document which were submitted. It is the […]

Tata Steel: ITAT refuses to stay adjustment of Demand against Refund

March 3, 2021 1062 Views 0 comment Print

Neither the conduct of the assessee, nor the approach of the assessee is appropriate. It is only when administrative remedies are exhausted that the assessee should approach a judicial or quasi-judicial forum. In any case, the conduct of the assessee, in not taking reasonable steps to ensure expeditious disposal of these appeals, does not impress us.

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