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ITAT Mumbai

Assessment Order against non-existent Entity would be non-est in eyes of law

July 13, 2020 2049 Views 0 comment Print

Assessment order passed by the A.O u/s 143(3) r.w.s 144C(3), in the hands of M/s Satyam Computers Services Ltd., i.e an entity that was non-existent on the date on which the assessment order was passed, had been held by the Tribunal in its aforesaid order as non-est in the eyes of law, therefore, the same does not survive and on the same terms is quashed.

Sale of Shrink-wrap software Not Taxable as Royalty in India

July 10, 2020 2145 Views 0 comment Print

The issue under consideration is whether the contention of AO is correct in holding that the income from sale of shrink-wrapped software is taxable in India as a royalty?

ITAT explains Reasons for delay in pronouncement of order during Lockdown

July 6, 2020 2796 Views 0 comment Print

ITO Vs Adul Kayum Ahmed Mohd. tamboli (ITAT Mumbai) The hearing of the matter was concluded on 19/02/2020 and in terms of Rule 34(5) of Income Tax (Appellate Tribunal) Rules, 1963, the matter was required to be pronounced within a total period of 90 days. As per sub-clause (c) of Rule 34(5), every endeavor was […]

Lease Income taxable as Business Income if property objective is income earning

July 5, 2020 19587 Views 1 comment Print

The issue under consideration is whether the lease income earned by the assessee is taxable under head Income from House Property or Income From Business ans Profession?

Subscription fees received from subscribers on sale of online product assessable as ‘Royalty’ 

July 4, 2020 3984 Views 0 comment Print

The issue under consideration is whether it is correct to treat the Subscription fees received from subscribers on sale of online product as Royalty income under Income Tax Act?

Amendment in Section 254(2A) | Directory or Mandatory? | Case referred to President of ITAT

July 3, 2020 3423 Views 0 comment Print

The issue under consideration is regarding application of Stay of Demand in front of Tribunal, whether the amendment done by Finance Act, 2020 in Section 254 will be applicable in present case?

If Agent paid remuneration on ALP & taxed in India no further taxation in the hands of DAPE

July 1, 2020 990 Views 0 comment Print

Whether the agent in India was a ‘Dependent Agent’ constituting a permanent establishment (PE) and the appellant was, therefore, liable to be taxed as per India UK DTAA?

Co-op credit society Eligible for Section 80P(2)(a)(i) deduction

July 1, 2020 19995 Views 0 comment Print

The issue under consideration is whether CIT(A) is correct in deleting the addition on account of disallowance u/s 80P(2)(a)(i) of the I.T. Act?

Reopening of assessment merely on Internal Audit Objection Not Justified

June 30, 2020 3609 Views 0 comment Print

Whether the re-opening of assessment u/s 147 initiated by AO is justified in law? Re-opening of assessment on basis of Internal Audit Objection Not Justified.

No Section 234B Interest for Advance Tax Shortfall due to Retrospective Amendment

June 28, 2020 2364 Views 0 comment Print

Whether the interest u/s 234B for less payment of advance tax will be levied on account of additions made to total income, consequent to retrospective amendment?

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