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ITAT Mumbai

Section 194C TDS on Advertisement Expenses paid to News Paper Agencies

July 28, 2020 98910 Views 0 comment Print

The issue under consideration is whether the CIT(A) was justified in confirming the disallowance made u/s. 40(a)(ia) on account of advertisement expenses paid to News Paper Agencies, incurred without deduction of tax at source?

Interest on Refund adjusted against demand allowable till date of adjustment

July 28, 2020 1737 Views 0 comment Print

whether the assessee is entitled for interest u/s.244 of the Act from the date of payment of taxes till the date such taxes were actually adjusted against the demand of some other assessment year?

ITAT allows depreciation on expansion expenditure treating the same as Capital

July 28, 2020 1425 Views 0 comment Print

The issue under consideration is whether the expenditure incurred by the assessee for the expansion will be considered as Capital Expenditure and allowability of the depreciation on the same?

Interest Income as ‘Beneficial owner’ cannot be taxed under Article 11(3)(c) of India-Mauritius Tax Treaty

July 28, 2020 2535 Views 0 comment Print

The issue under consideration is whether as per India-Mauritius DTAA, Interest Income from Foreign Currency loan and Securities would be eligible to tax in India?

Import of diamonds for re-export qualify for section 10AA deduction

July 27, 2020 1317 Views 0 comment Print

The issue under consideration is whether the AO is correct in disallowance of the deduction claim u/s 10AA by stating that the import of diamonds for re-export is not eligible for such deduction?

ITAT allows exemption of Rs 220 cr to Tata Education & Development Trust

July 26, 2020 2109 Views 0 comment Print

In a major relief for Tata Education and Development Trust, the Income Tax Appellate Tribunal (ITAT) bench consisting of Justices PP Bhatt, President, ITAT, on 24th July ruled in favour of the trust in their appeal against commissioner income tax (CIT) appeal order wherein a demand of more than Rs.220 crore was levied by the tax department .ITAT also stayed the matter of that demand without any minimum pay.

Interest allowed in earlier years cannot be disallowed in subsequent years

July 25, 2020 2904 Views 0 comment Print

ITAT states that, it was not disputed that the borrowings were made in earlier years and no disallowance of interest was made in earlier years with regard to the said borrowings and utilization thereon.

STT paid Long Term Capital Loss Can be Set Off against Non-STT paid Long Term Capital Gains

July 25, 2020 11934 Views 0 comment Print

The issue under consideration is whether the long-term capital gain on sale of non-STT paid shares can be set off against long-term capital loss arising from STT paid shares?

Goodwill is Intangible Asset & Depreciation allowed

July 25, 2020 2496 Views 0 comment Print

It is now fairly well settled that goodwill being an intangible asset, depreciation has to be allowed. In view of the aforesaid, we direct the Assessing Officer to allow assessee’s claim of depreciation of  on goodwill.

Section 41(1) addition cannot be made merely for non-confirmation by creditors

July 24, 2020 4050 Views 0 comment Print

Non-appearance or non-response of creditors could not be sole ground to draw an adverse inference against assessee, when assessee had filed necessary evidence to prove that liability was genuine in nature, which was subsequently paid back by converting said liability into share application money.

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