Courts: ITAT Mumbai
Find latest ITAT Mumbai judgments, orders and case laws on income tax covering assessments, transfer pricing, international taxation, capital gains, TDS, reassessment and penalties.
Penalty u/s 271 on disallowance u/s 40(a)(ia)
Expression ‘liable to tax’ in contracting State as used in Article 4(1) of Indo-UAE-DTAA not necessarily imply that person should actually be liable to tax in that contracting State
Provisions of section 194C not attracted to finance agreements between financing company and producers/directors of films/TV serials
AO cannot act u/s. 147 merely because he happened to change his opinion or to hold an opinion different from that of his predecessor on same set of facts
Penalty imposable under main provisions of section 271(1)(c) and there is no need to refer to any Explanations
Assessee not expected to demonstrate that contracts are not artificially split
Transfer Pricing Provision- Mere geographical contiguity of two countries need not mean similarity in economic or market conditions
Dy. Director of Income Tax (International Taxation) Vs. M/s Avaya Global Connect Ltd., (ITAT Mumbai)
Fiscally transparent partnership firm eligible for tax treaty benefits and application of “force of attraction” rule to profits indirectly attributable to PE
In the absence of clear finding as to concealment of income furnishing inaccurate particulars, initiation of penalty proceedings will be without jurisdiction
Persons deputed by foreign company to an Indian company cannot be considered as its PE in India when services rendered by them are independent and not under control of that company
Royalty paid by Non-resident to another Non-resident is not taxable if not related to and borne by PE in India
Any person from whom a non-resident is in receipt of any income can be treated as an agent of such non-resident: Mumbai ITAT
Section 54 Exemption on multiple sales & purchases of residential houses
ITAT Mumbai judgments and orders represent an extensive body of income-tax appellate jurisprudence covering individuals, businesses, companies and other taxpayers. This TaxGuru page brings together decisions relating to assessments, additions, deductions, exemptions, business income, capital gains, transfer pricing, international taxation, TDS, reassessment, unexplained income, penalties and procedural disputes. Chartered Accountants, advocates, companies, taxpayers and tax professionals can use this collection to research ITAT Mumbai precedents and follow important developments under the Income-tax Act. The page includes recent as well as significant earlier Tribunal decisions published on TaxGuru, providing a comprehensive reference point for direct tax case-law research and appellate practice.
