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ITAT Mumbai

Allowability of Set off of brought forward business against the profits on sale of business assets which are assessed to

February 5, 2011 711 Views 0 comment Print

The Tribunal held that income earned by the taxpayer on sale of factory building, plant and machinery although not taxable as “Profit and gains of business or profession” was in the nature of income of business though assessed as capital gains and he

Consideration paid for goodwill on acquisition of running business is eligible for depreciation

February 4, 2011 978 Views 0 comment Print

The CIT contended that there was no specification of assets, such as know-how, patents, copyrights, trademarks, licences, franchises or any other business or commercial rights of similar nature, which was represented by the said goodwill. Further, th

Filing stay application before the lower authorities is directory and mandatory for filing stay application before ITAT

February 4, 2011 1444 Views 0 comment Print

In the case of DHL Express (India) P Ltd. v. ACIT [SA No. 119/Mum/2010], dated 19 November, 2010, the Mumbai Income Tax Appellate Tribunal (

Allowability of premium paid in excess of face value of investments under HTM category

February 4, 2011 9879 Views 0 comment Print

Premium paid in excess of the face value of the security held under ‘Held to Maturity’ (‘HTM’) category which has been amortised over the period remaining till maturity is allowable – rules Mumbai Tax Tribunal

‘Market rate’ for inter divisional notional transfer price cannot be based on rate determined by the Regulator

February 4, 2011 565 Views 0 comment Print

Whether in computing the deduction under section 80-IA(8), for the purpose of determining the inter divisional notional transfer price, the market price of the power generated should be taken as the price of power purchased from independent power sup

Allowability of Contributions to superannuation fund, not in the nature of initial or ordinary annual contribution

February 4, 2011 9836 Views 0 comment Print

The Tribunal observed that a contribution to approved superannuation fund is deductible in principle as long as the quantum of the said contribution does not exceed the prescribed limits specified in Rule 87 and 88 of the Income-tax Rules. The limi

Tax credit for tax withheld cannot be denied to the payee upon subsequent refund of the TDS to the deductor

February 1, 2011 726 Views 0 comment Print

It is pertinent to note that the Central Board of Direct Taxes had issued Circular No. 7/2007 dated 23 July 2007 which provides the procedure and circumstances for refund of tax deducted at source under section 195 of the Act to the tax deductor. How

Interest on fixed deposits effectively connected with PE is taxable as Business Income

February 1, 2011 1456 Views 0 comment Print

The Tribunal has once again reiterated the principle that interest on fixed deposits kept as margin with banks is effectively connected with the business and would be taxable as business income. Furthermore, the Tribunal held that the direct expenses

Transfer Pricing- Supernormal profit making companies should be excluded from the comparable set

February 1, 2011 1074 Views 0 comment Print

Delhi bench of the Income-tax Appellate Tribunal (the Tribunal) in the case of Adobe Systems India Private Limited v. ACIT [201 1-TII-13-ITAT-DEL-TP] (Date of Judgement: 21 January 2011; Assessment Year: 2006-07)held that supernormal profit making co

Authorised Dealer not liable to deduct tax on remittance to non-resident of sale proceeds representing short term capita

February 1, 2011 1072 Views 0 comment Print

The decision is relevant to authorised dealers making remittance to non-residents. Though the decision is rendered in the context of remittance to individual’s resident in the UAE, all non-resident Indians can benefit from the principle laid down in

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