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ITAT Mumbai

No TDS U/s. 194C on finished goods supplied as per specification of Assessee

December 20, 2015 3143 Views 0 comment Print

Pfizer Ltd Vs ACIT (ITAT Mumbai) The CBDT had issued Circular No.681 dated 8th March 1984 providing that a contract undertaken to supply any article or goods according to the specifications given by any person

TDS U/s.194I not deductible on lease premium paid to acquire land on lease with substantial right

December 19, 2015 6390 Views 0 comment Print

In the case of ACIT vs. OBC, Mumbai Bench of ITAT observed that the amount paid by the assessee bank (the lessee) to City Industrial Development Corporation (MMRDA) (Lessor) was in the nature of rent as defined u/s 194 I of the Act or not, which held yes by CIT (A).

Mere transfer of unexpired contracts cannot be treated as Capital Expenditure

December 18, 2015 886 Views 0 comment Print

Tata Consultancy Services Ltd. vs. ACIT (ITAT Mumbai) ITAT observed that the assessee has acquired the service agreement whereby all the liabilities, rights and obligation and interest in the afore-stated agreement are acquired by the assessee.

Only Functionally Comparable Company should be compared for applying margin percentage

December 16, 2015 598 Views 0 comment Print

ITAT Mumbai held in Goldman Sachs( India) Securities Pvt. Ltd Vs The DCIT that only functionally comparable company should be compared for comparing the margin percentage of the assessee company with comparable company.

Earlier year’s appellate decision could not be applied if facts of current year has changed

December 16, 2015 604 Views 0 comment Print

ITAT Mumbai held in Punjab & Sind Dairy Products Pvt Ltd Vs Dy. CIT that in the case of assessee itself in earlier year, ITAT had rejected the books of accounts on the basis that assessee failed to produce books of accounts as demanded by ITAT.

Discount on ESOP being in the nature of employee cost, allowed u/s 37 subject to adjustment for lapsed /unvested options

December 15, 2015 2524 Views 0 comment Print

ITAT Mumbai held In the case of ACIT vs. People Interactive India Private Ltd. that the issue in hand is squarely covered by the decision of Hon’ble Special Bench-Bangalore Tribunal in (2013) 35 taxmann.com 335(SB) Biocon Limited v. DCIT (LTU) in favour of the assessee company whereby the Hon’ble Special Bench has held that the discount under ESOP is in the nature of employees cost

Disallowance u/s 14A while computing book profit u/s 115JB permitted, covered in explanation to Sec.115JB (2)

December 12, 2015 11605 Views 0 comment Print

ITAT Mumbai held In the case of DCIT vs. Viraj Profiles Ltd. that section 14A provides that it mandates disallowance of expenditure ‘in relation’ to the income which does not form part of the total income while clause (f) in explanation1 to Section 115JB (2) mandates disallowance of expenditure ‘relatable’

No review power vest with ITAT, only authorized to amend his order for mistake apparent from records u/s 254 (2)

December 12, 2015 1798 Views 0 comment Print

ITAT Mumbai held In the case of Shakti Cable Industries vs. ITO that it is clear that the words mistake apparent from record, as appearing in the section 254(2) has a special meaning and definite connotation.

Mark to market loss on foreign currency derivatives transaction being a non-speculation loss not covered u/s 43(5)

December 12, 2015 6654 Views 0 comment Print

ITAT Mumbai held In the case of Inventurus Knowledge Services Pvt. Ltd. vs. ITO that it is clear that the eligible transactions in derivatives carried out through recognized stock exchanges are exempted from the purview of speculation transactions u/s 43(5) provided other conditions are satisfied.

Penalty u/s 271E may not be imposed where circumstances compels assessee to make repayment in cash

December 9, 2015 1418 Views 0 comment Print

ITAT Mumbai held In the case of Jayantilal Vaishnav HUF vs. JCIT that the reasonable cause u/s 273B need to be seen from the context of the situation where a person is reasonably and under bonafide belief of taking a action beyond his control i.e. cause which prevent a reasonable person in ordinary

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