Courts: ITAT Mumbai
5,841 articlesIncome Tax

Income Tax
A business centre cannot be said to be a `house’ for purposes of clause (3) of section 2(ea) of Wealth-tax Act
Income Tax

Income Tax
Invoking provisions of section 80-IA(10) does not arise in case there are no transactions by assessee with any other person
Income Tax

Income Tax
Housing project for purpose of section 80-IB(10) does not include construction of commercial establishment carried out by another entity in that area
Income Tax

Income Tax
Indo-German DTAA – As per new Treaty, income from supervision activity like construction & installation of a project is to be treated as income of PE provided that said activity continues for a period exceeding six months as per article 5(2)(i) of DTAA
Income Tax

Income Tax
Provisions of TDS Chapter (Chapter XVII) are relevant only for ascertaining deductibility of tax at source and not for actual deduction and payment for attracting provisions of section 40(a)(ia)
Income Tax

Income Tax
Bad debt – Amount receivable by a share broker from his clients against purchase of shares when not recovered can be allowed as bad debt
Income Tax

Income Tax
As long as an AO has taken a possible view of a matter after applying his mind to facts of case and legal provision, view so taken cannot be subjected to revision proceedings under section 263 merely because the Commissioner has a different view of that matter
Income Tax

Income Tax
No section 14A disallowance for personal tax-free investments if business expenditure not disallowed on ground of being for personal purposes
Income Tax

Income Tax
If commercial transaction is at ALP, no transfer pricing addition for non-charging of interest on overdue debt can be made
Income Tax

Income Tax
Applicability of TDS provisions on Payment of Roaming Charges by a telecom company for the use of telecom equipments
Income Tax

Income Tax
TPO entitled to substitute ‘CUP’ for ‘TNMM’ to determine arms’ length price. For generic drugs, CUP is appropriate method despite quality differences
Income Tax

Income Tax
Notional Interest on deposit not includible in “Annual Value” u/s 23(1)(a) & 23(1)(b)
Income Tax

Income Tax
Revised AS 7 – ‘Construction Contract’ is applicable to only contractors and not to builders and real estate consultants
Income Tax

Income Tax
