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ITAT Mumbai

Mere mismatch of description cannot be a reason to treat the same as unexplained

December 25, 2015 3700 Views 0 comment Print

The ITAT Mumbai in the case of M/s Parle Bottling Pvt. Ltd. held that the mismatch in description of jewellery as recorded vis a vis as found by valuer cannot be in its own a sole basis for treating mismatched jewellery as unexplained particularly when minor difference in carat weight.

Electricity duty is not a tax, duty cess or fee, section 43B is not attracted in respect of electricity duty collected by MSEB

December 25, 2015 3418 Views 0 comment Print

In the case of ACIT Vs. M/s. Maharashtra State Electricity Distribution Co. Ltd. ITAT adjudicated two appeals against the order of CIT (A) who allowed the appeal of assessee in part. Both revenue as well as assessee filed appeal against the order of CIT (A).

Expense on feasibility study report for establishing BPO business for assessee’s own function is revenue in nature

December 24, 2015 1792 Views 0 comment Print

In the case of M/s NYK Line (India) Ltd Vs. Addl. CIT Mumbai Bench of ITAT have held that payment made to professional firm for conducting a Feasibility Study Report for establishing a BPO business for assessee’s own function

Transfer of lease right in land and transfer of building being two different assets, Sec.50 applicable only on transfer of building

December 23, 2015 6218 Views 0 comment Print

ITAT Mumbai held In the case of DCIT vs. J.B. Eng. Works that that the assessee had transferred independent interests in two different assets and therefore the Capital Gains arising on the assignment of leasehold interest in the land being a capital asset was rightly offered for tax as Long

Re-opening being exceptional power, revenue to comply pre-requisite condition of ‘reasons’ strictly

December 23, 2015 2305 Views 0 comment Print

In the case of Muller & Philpps (India) Ltd vs. ITO, Hon’ble ITAT Mumbai held that the position of law is clear. It has been held by Hon’ble Supreme Court in the case of GKN Driveshaft 259 ITR 19, that it is mandatory on the part of the AO to provide the copy of the reasons to the assessee

Payment of broken period interest will be allowed as a business expense

December 22, 2015 1369 Views 0 comment Print

1.ITAT Mumbai held in the case of Asst. DIT Vs M/s Hongkong and Shanghani Banking Corporation Ltd that the broken period interest paid would be allowed to the assessee after relying the case of the assessee itself in The Hongkong and Shanghai Banking Corporation Ltd V/s DCIT

Mere making an incorrect claim does not tantamount to furnishing inaccurate particulars

December 22, 2015 1186 Views 0 comment Print

ITO Vs M/s Citizen Scales (I) P. Ltd. (ITAT MUMBAI)-The Assessing Officer imposed penalty u/s 271(1)(c) of the Act. We note that in para 4 of the assessment order it has been categorically recorded that there was a mistake in computation of book profit and the same was pointed out by the Assessing Officer

Trade Discount on sales after considering commercial expediency & accrual method of accounting is allowable claim

December 21, 2015 1170 Views 0 comment Print

In the case of ACIT Vs. Rukamani Iyer Mumbai Bench of ITAT held that the claim has to be judged in the light of commercial expediency. Relying upon the judgment of CIT v Associated Electrical Agencies {2004} 266 ITR 63 (Mad.)

ITAT explains when an individual or a HUF can be treated as ‘not ordinarily resident’ in India

December 21, 2015 2818 Views 0 comment Print

It is evident from the word ‘or’, occurring for the first time in sub-clause (a) or (b) of clause (6) of section 6, that the two conditions contemplated in those sub-clauses are alternate and these are not cumulative. The fulfillment of either of the conditions would be sufficient to treat an individual or a Hindu undivided family as ‘not ordinarily resident’ in India.

Pre-Meditated/ Self Inflicted Loss by giving loan to related concern at concessional Rate not allowable

December 21, 2015 766 Views 0 comment Print

Deepak Nagji Vira Vs. ITO (ITAT Mumbai) The monies are borrowed, incurring brokerage charges for the purpose, only for lending the same to a company at a predefined, agreed rate of interest, i.e., 12% p.a. That is, the assessee

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