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ITAT Mumbai

No Section 14A addition if no exempt income earned in relevant year

September 17, 2020 2007 Views 0 comment Print

DCIT Vs Asset Auto India Pvt. Ltd (ITAT Mumbai) The fact remains that no exempt income was earned by the assessee during the year under consideration. The Ld. CIT(A) has rightly followed the judgement of the Hon’ble Delhi High Court in Holcim India (P.) Ltd (supra).; IL & FS Energy Development Company Ltd (supra), where […]

Expenses on Replacement of Jigs & Fixtures Allowable as revenue

September 16, 2020 3102 Views 0 comment Print

ACIT Vs Bajaj Holdings & Investment Ltd (ITAT Mumbai) The issue under consideration is whether the replacement of jigs and fixtures considered as revenue expense or capital expense? ITAT states that, the expenditure incurred on replacement of jigs and fixtures are basically tooling aids required in the production process and these items are part of […]

Write-back of provision is taxable only if same was claimed as a deduction earlier

September 16, 2020 17541 Views 0 comment Print

ITO Vs. Scheme A1 of ARCIL CPS (ITAT Mumbai) Reversal of the impairment provision created by the assessee in the earlier years in respect of the financial asset was merely a book entry without any corresponding amount payable by anybody or any possibility of receiving any benefit or money or money’s worth. We are of […]

100% of Bogus Purchase cannot be disallowed as Sales are linked with Purchases

September 14, 2020 11544 Views 0 comment Print

The issue under consideration is whether the CIT is correct in restricting the disallowance u/s 69C against bogus purchase at rate of 12.5% of the bogus purchases?

Surplus consideration received on ‘Surrender of Booking Rights’ tantamount to ‘Capital Gains’

September 13, 2020 13479 Views 2 comments Print

Mukesh Sohanraj Vardhan Vs. ITO (Mumbai ITAT) The ITAT Mumbai has put to rest an important controversy in the case of Mukesh Sohanraj Vardhan vs Income Tax Officer Mumbai decided on 28 August 2020 by holding that the extra consideration received on cancellation of Booking of Flats constitutes a ‘Capital Receipt’ and cannot be taxed as […]

Tenant is Deemed Owner in case of Long Term Lease & Rent Taxable as House Property Income

September 13, 2020 12483 Views 0 comment Print

whether assessee is considered as monthly tenant or deemed owner of the premises u/s.27(iiib) read with Section 269UA(f)(i) of the Act and accordingly whether rental income is taxable u/s.22 as ‘income from house property’ or not?

Dissimilar products cannot be taken to determine gross margin by RPM

September 12, 2020 1833 Views 0 comment Print

Resale Price Method (RPM) is a GP margin based method. It is a traditional transaction method. It primarily compares controlled and uncontrolled transactions. Under RPM we can tolerate slight differences in the products distributed by the two types of distributors as long as the broad category of products distributed is the same.

TDS deductible on year-end provisions debited to profit & loss account

September 10, 2020 10392 Views 0 comment Print

Tata Sky Limited Vs ACIT (ITAT Mumbai) Assessee made year-end provisions in respect of sale promotion, legal and professional fees, interest and programming costs. Further, these provisions were debited to the profit and loss account and not added back to the computation of total income by the assessee. Once, the assessee has claimed these expenses […]

Section 271(1)(c) penalty not leviable merely for non challenge to disallowance in Quantum Appeal

September 10, 2020 2547 Views 0 comment Print

DCIT Vs Maharashtra State Power Generation Co. Ltd. (ITAT Mumbai) When the assessee had came forth with the full disclosure of all the particulars in respect of its aforesaid claim of expense, which as observed by us hereinabove had not been proved to be incorrect by the lower authorities, therefore, merely for the reason that […]

AO cannot change share valuation method adopted by taxpayer

September 10, 2020 2574 Views 0 comment Print

Karmic Labs Pvt. Ltd. Vs ITO (ITAT Mumbai) We note that the assessee has issued shares at a premium. In order to ascertain the market value of the shares, the assessee adopted DCF method, as prescribed under Rule 11UA r.w.s 56(2) of the Act and accordingly, the shares were issued at a premium. According to […]

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