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ITAT Mumbai

In absence of Comparables production loss shown by Assessee must be accepted

July 3, 2018 648 Views 0 comment Print

Production loss depends on number of factors and in absence of any comparable to show that loss shown by the assessee is excessive, the contention of the assessee has to be accepted

Batteries used with UPS and forming system for power back up qualifies for depreciation at 60%

July 2, 2018 29979 Views 1 comment Print

In view of CIT v. BSES Yamuna Powers Ltd. (2013) 358 ITR 47 (Delhi), batteries which were used along with UPS and which formed a system for power back up in case of power failure qualified for depreciation at 60 per cent.

Deduction U/s. 54F cannot be disallowed for mere non-depositing of amount in capital gains tax account scheme

July 1, 2018 4260 Views 0 comment Print

This is an appeal filed by the assessee against the order of Commissioner (Appeals)- 46, Mumbai dated 20-1-2017 for assessment year 2011-12 in the matter of order passed under section 143(3) of the Income Tax Act wherein following grounds have been taken by the assessee

Management charges paid to HO do not come within purview of section 44C

July 1, 2018 1101 Views 0 comment Print

Lloyd’s Register Quality Assurance Ltd. Vs DCIT (ITAT Mumbai) Undisputed facts are, the Assessing Officer by treating the management charges as Head Office expenses has restricted the claim of the assessee to 5% of the total adjusted income in terms of section 44C of the Act. Whereas, learned Commissioner (Appeals) relying upon the order passed […]

Submission of detailed submitted before AO in summarised & Tabular Form before CIT cannot be considered as submission of any new evidence

July 1, 2018 2109 Views 0 comment Print

M/s. Hinduja Group India Ltd Vs ACIT (ITAT Mumbai) Submission of detailed submitted before AO in summarised & Tabular Form before CIT cannot be considered as submission of any new evidence Power of the appellate authority clearly overrides the provisions of sub-rules (1), (2) and (3) of rule 46A and it is open to the […]

Tribunal should pass the order within three months of the hearing

June 30, 2018 8103 Views 0 comment Print

Ms. G. Shoe Exports Vs ACIT (ITAT Mumbai) In this case, admittedly the Tribunal order was passed beyond three months from hearing. No reason whatsoever for the delay has been recorded. As held by the Hon’ble jurisdictional High Court above, such delay is incurable and even administrative clearance cannot cure the same. As held by […]

Onus on assessee to justify allottment of shares to outsiders at exorbitant premium

June 30, 2018 1299 Views 0 comment Print

M/s. Pratik Syntex Private Ltd Vs. ITO (ITAT Mumbai) In the instant appeal before us, the inspector was deputed by the AO to make field enquiries who could not locate these three shareholders and the assessee also could not furnish the current addresses of these three new shareholders. These in the instant case before us, […]

TDS U/s. 194J not deductible on Payment for outright purchase of copyright and technical know-how

June 29, 2018 16335 Views 0 comment Print

Payment towards outright purchase of copyright and technical know-how over the software could not be treated as royalty paid for acquisition of right to use copyrights and technical know-how, therefore, said payment could not be subjected to TDS under section 194J.

Appeal cannot be dismissed merely because it was filed in Paper form

June 28, 2018 2946 Views 0 comment Print

Ld. AR has challenged the order of Ld. CIT(A) in not allowing hearing of appeal filed by the assessee merely on the basis of alleged default of not having filed electronically.

In case of finance lease, lessor eligible to claim depreciation

June 27, 2018 12276 Views 0 comment Print

This appeal by the Assessee is arising out of the order of Commissioner (Appeals)-5, Mumbai, (in short CIT(A)) in appeal No. CIT(A)-5/DCIT-2(2)/IT-118/2006-07 dated 15-11-2011. The Assessment was framed by the Deputy Commissioner, Circle-2(2), Mumbai (in short DCIT) for the assessment year 2004-05 vide order even dated 18-12-2006 under section 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act).

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