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ITAT Mumbai

Form 35 Submission with Scanned Signature for filing CIT appeal is Sustainable in Law

August 30, 2020 3627 Views 0 comment Print

The issue under consideration is whether the submission of Form 35 alongwith scanned copy of signature at the time of filing CIT appeal is sustainable in law?

Section 271GH penalty not leviable if Assessee complies Rule 10D(i)

August 29, 2020 1581 Views 0 comment Print

Procter & Gamble Home Products Private Limited Vs DCIT (ITAT Mumbai) Main allegation of the revenue is that of non-furnishing of audited AE and non AE segmental as well as documents regarding choice of foreign entity as tested party. We also noted that any other reason for levy of penalty is for non-furnishing of audited […]

ITAT deletes addition for share premium as Assessee establishes identity, genuineness & creditworthiness of investor

August 28, 2020 1044 Views 0 comment Print

ITO Vs M/s Heckyl Technologies Pvt.Ltd. (ITAT Mumbai) Firstly, the AO has clearly mentioned at paragraph no. 5 on page no’s, 6 and 7 of his order that he had made two references to the tax authorities in Mauritius and the UK. These references had been made under section 90 of the Act and had […]

No Section 194J TDS on IUC charges paid to other telecom companies

August 27, 2020 1452 Views 0 comment Print

DCIT Vs Vodafone India Ltd. (ITAT Mumbai) We find that for installation / setting up / repairing / servicing / maintenance capacity augmentation are require human intervention but after completing this process mere interconnection between the operators is automatic and does not require any human intervention. The term Inter Connecting User Charges (IUC) also signifies […]

Assessment Initiated on Non-Existing Entity Considered as Void ab Initio

August 25, 2020 987 Views 0 comment Print

Atos India Pvt. Ltd. Vs DCIT (ITAT Mumbai) The issue under consideration is whether the assessment initiated in the name of a non-existing entity is justified in law? ITAT states that, even after the learned DRP taking into account the fact of merger and passing order by giving directions to the learned AO in the […]

Second Re-Assessment Notice Issued against Johnson & Johnson is Rejected by ITAT

August 25, 2020 1056 Views 0 comment Print

The issue under consideration is whether the re-opening of assessment u/s 147 of the Act is justified in law?

LTCG cannot be considered as bogus in absence of any evidences

August 20, 2020 1938 Views 0 comment Print

whether addition made by AO u/s 68 as Unaccounted/Unexplained Income by treating the Long Term Capital Gain as Manipulated Transaction is justified in Law?

ITAT refer TP adjustment for Notional Interest to Special Bench

August 20, 2020 1530 Views 0 comment Print

The issue under consideration is whether transfer pricing adjustment as notional interest and charging it to tax, disregarding the provisions of Article 11 of India Cyprus DTAA is justified in law?

No Section 271(1)(c) Penalty on Income Taxed u/s 115JB Before AY 2016-17

August 19, 2020 4143 Views 0 comment Print

The issue under consideration is whether the penalty notice u/s 271(1)(c) issued to the assessee who has taxed his income as per provision of section 115JB pr 115JC is justified in law?

Taxability of ‘Referral fees’ for technical services under India-Singapore DTAA

August 18, 2020 5337 Views 0 comment Print

Edenred Pte Ltd. Vs DDIT (ITAT Mumbai) In the instant case, the appellant has received fees for referral services/other services of Rs.39,94,209/- from Surf Gold in the year under consideration. It is relevant to mention here that as per the India-Singapore DTAA, the services in the nature of managerial, technical or consultancy nature are taxable […]

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