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ITAT Mumbai

Failure of CIT(E) to examine aspects as directed by High Court unjustified

August 25, 2023 186 Views 0 comment Print

ITAT Mumbai held that CIT(E) failed to examine the aspects as directed by the High Court in the matter of application for registration under section 10(23C)(via). Accordingly, matter restored back to CIT(E).

Cost reimbursement for support services taxable as Fees for Technical Services

August 24, 2023 1374 Views 0 comment Print

ITAT Mumbai held that cost reimbursement received towards providing support services is taxable as Fees for Technical Services (FTS) both under Section 9(1) (vii) of the Act as well as Article 12(4) of the Double Taxation Avoidance Agreement.

Commission by Jetair Pvt. Ltd. to Jet Airways (India): TP Provisiosns not apply

August 24, 2023 894 Views 0 comment Print

ITAT Mumbai held that addition towards lower commission charged by Jetair Pvt. Ltd. to Jet Airways (India) Ltd. on account of Online Reservation Commission by applying arm’s length price not sustained as the transaction was neither international transaction nor a specified domestic transaction and hence transfer pricing provisions doesn’t apply.

Reassessment after four years unsustainable as failure of assessee to disclose full material facts not proved

August 24, 2023 714 Views 0 comment Print

ITAT Mumbai held that reopening of assessment under section 147 of the Income Tax Act after four years without bringing on record that escapement of income was occurred by reason of omission or failure on the part of the assessee to disclose fully or truly all the material facts is bad-in-law and liable to be quashed.

No Deduction u/s 48 for Post-Acquisition Mortgage Debt Repayment

August 22, 2023 654 Views 0 comment Print

ITAT Mumbai held that the assessee not entitled to deduction u/s 48(i) of the Act for repayment of the mortgage debt which was incurred subsequent to the acquisition of the property and not for the purpose of acquisition.

AO Must Allow 4 Weeks After Rejecting Objections to Reassessment

August 22, 2023 2301 Views 1 comment Print

ITAT Mumbai held that AO is bound to dispose of the objections filed by the assessee against reopening and give at least four weeks time, from the date of rejection of objection, to assessee to seek any legal remedy. In absence of the same, reopening of assessment is not legally sustainable.

Disallowance of Employees Contribution to PF&ESIC paid after due date

August 22, 2023 5979 Views 0 comment Print

The issues raised were in relation to the non-deduction of TDS for payment of professional services and the disallowance of Employees Contribution to PF&ESIC.

Assessment order against a non-existing entity post amalgamation is invalid

August 22, 2023 477 Views 0 comment Print

ITAT Mumbai ruled that an assessment order against a non-existent entity (Pipal Research Analytics) is invalid. Insight into Crisil Ltd vs ACIT case.

ITAT Directs AO to Re-adjudicate Full Bank Deposit Addition

August 21, 2023 816 Views 0 comment Print

Analysis of ITAT Mumbai’s decision in Sanjay V. Kothari Vs ITO, focusing on the addition of bank deposits. The case involves A.Y. 2006-07 assessment.

No Defective Notice by CPC if Receipts Below Limit u/s 44AB

August 21, 2023 4596 Views 0 comment Print

ITAT Mumbai rules on V.K. Patel Securities Pvt Ltd appeal against defective notice by CPC under section 44AB of Income Tax Act. Details on the verdict

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