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ITAT Mumbai

Keyman Insurance Policy Maturity Value Taxable as Income From Other Sources

September 27, 2020 4212 Views 1 comment Print

Ravjibhai L. Kakadia  Vs. ACIT (ITAT Mumbai) The issue under consideration is whether the maturity value of the Keyman Insurance Policy is taxable under Income Tax Act and under which Head?

AO to examine section 79 only in year in which  assessee claims set off of losses

September 25, 2020 4872 Views 0 comment Print

Orra Fine Jewellery Pvt. Ltd. Vs DCIT (ITAT Mumbai) The substantial issue for consideration now before us for the A.Y. 2012-13 is whether the provisions of section 79 of the Act can be invoked and examined in the assessment year in which the assessee claimed for carry forward of losses or in the assessment year […]

Section 69: Entire purchases cannot be added as bogus

September 24, 2020 2214 Views 0 comment Print

ITO Vs Abhay Kantilal Shah (ITAT Mumbai) In instant case, as mentioned earlier, the assessee has filed before the AO copies of (i) bank statements for the financial year 2010­11, evidencing the payments made to these parties; (ii) ledger account of all the parties; (iii) purchase invoices from these parties and (iv) sale invoices as […]

Expense related to dropped ADR listing plan allowable as revenue

September 21, 2020 873 Views 0 comment Print

ACIT Vs. Nicholas Piramal India Ltd. (ITAT Mumbai) We notice that assessee has incurred consultancy charges to list the ‘ADR’ in ‘NYSE’ and later dropped this project. The AO treated the expenditure as capital and disallowed the same and simultaneously, invoked provision of section 40(a)(i) and 195 of the Act. We notice that in the […]

ITAT deletes presumptuous addition made without application of mind

September 21, 2020 738 Views 0 comment Print

Sudhir Chandra Datt Vs ACIT (ITAT Jabalpur) It is an admitted fact that the Township project, work-in-progress (WIP) of which it claims as undervalued, is on the outskirts of Jabalpur, as opposed to the other two, located in the midst of the city. Land cost is a substantial part of a real estate project cost. […]

Expense on purchase of precious metals for repair of machineries allowable

September 21, 2020 753 Views 0 comment Print

Schott Glass India Pvt. Ltd Vs. ITO (ITAT Mumbai) We notice that assessee is in the business of manufacturing glass tubes and in the manufacturing, the melted glass has to pass thru feeder/nozzles in the furnaces. The temperature in which the melted glass is passed through feeder or nozzles at 1600 degree or more. It […]

No Section 263 proceeding if AO taken one of the possible view

September 21, 2020 3048 Views 0 comment Print

Vodafone India Ltd. Vs PCIT (ITAT Mumbai) It was argued by the ld. AR that the learned Principal Commissioner of Income-tax [‘PCIT’] erred in assuming jurisdiction and initiating proceeding under section 263 of the Income-tax Act, 1961 (‘Act’) since the order passed by the Assessing Officer (‘AO’) was neither ‘erroneous’ nor ‘prejudicial’ to the interest […]

No TP adjustments for business advances given to AE where Assessee himself is ultimate beneficiary

September 19, 2020 2169 Views 0 comment Print

KEC International Ltd. Vs. DCIT (ITAT Mumbai) In this case The undisputed position that emerges are that the advances have been given by the assessee to an entity in which it held 50% share. The assessee has entered into a Joint Venture (JV) agreement with an entity namely Edison Jehamo Power (PTY) Ltd. (EJP) on […]

Foreign Exchange Fluctuation Loss arising out of Re-Statement of ECB Allowed

September 18, 2020 2742 Views 0 comment Print

Whether CIT(A) was justified in confirming the disallowance of foreign exchange fluctuation loss arising out of re-statement of External Commercial Borrowings (ECB) at the year end rates in accordance with AS-11?

No disallowance of discount for Non-Deduction of TDS

September 18, 2020 1476 Views 0 comment Print

Whether disallowing expenditure in the nature of discount under section 40(a)(ia) for non-deduction of tax u/s 194J by considering it as commission is justified in law?

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