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ITAT Mumbai

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

February 1, 2011 1099 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

Tax deductor is entitled to interest on delayed refund when it is ordered to deduct tax even though no such liability ex

February 1, 2011 787 Views 0 comment Print

This is a welcome decision by the Mumbai Tribunal where it is held that the taxpayer is entitled to interest on delayed refund as per section 244A of the Act when it is ordered to deduct tax but subsequently it was found in appeal that no such liabil

Outsourced clinical trial expenditure is not eligible for weighted Research and Development deduction

January 30, 2011 1353 Views 0 comment Print

The Tribunal has interpreted the wordings of Section 35(2AB) and concluded that the Section only allows weighted deduction in respect of in-house Research and Development facility. Any expenditure incurred outside the Research and Development facilit

Prepayment of sales tax deferral loan on payment of net present value of future liability cannot be classified as remission

January 30, 2011 10568 Views 0 comment Print

In a recent ruling, in the case of Sulzer India Ltd. v. Jt. CIT [2010-TIOL-670-ITAT-MUM-SB] , the Special Bench of the Mumbai Income-tax Appellate Tribunal (the “Tribunal”) held that prepayment of deferred sales tax liability on the Net Present Value

Depreciation on assets acquired out of foreign currency loans

January 26, 2011 3810 Views 0 comment Print

The assessee has stated that additions to the fixed assets include loss of foreign exchange rates at the year-end which is added to the written down value of the block of assets. This adjustment pertaining to fixed assets i.e. (premises) acquired in India out of foreign currency loans. The assessee was asked as to why such claim should not be disallowed. The assess

The CIT must give reasons and basis for his conclusion that the order sought to be revised is erroneous

January 26, 2011 630 Views 0 comment Print

The assessee is mainly engaged in the business of rendering rating, advisory, and research and information services, and the assessee also has a unit registered under the software technology park scheme which is granted approval for “development and export of computer software, information technology and enabled services”. During the course of asse

Profit on frequent purchase and sale of shares in short period by assessee has to be treated as `income from business’

January 26, 2011 1036 Views 0 comment Print

The activity of frequent buying and selling of shares over a short span of period has to be treated as business being adventure in the nature of trade and the income has to be treated as business income and not as capital gain.

Payment made for renewal of DOT licence should not fall under section 35ABB as it would fall more appropriately u/s 37

January 26, 2011 2819 Views 0 comment Print

The DOT licence fee paid by assessee is not in the nature of capital expenditure falling under section 35ABB, but the same is revenue in nature, allowable under section 37(1)

Purchase price of generic unpatented APIs from associated enterprises can be benchmarked against the price of same APIs

January 26, 2011 975 Views 0 comment Print

Purchase price of generic unpatented APIs from associated enterprises can be benchmarked against the price of same APIs sold by other independent producers despite difference in quality The Mumbai bench of the Income Tax Appellate Tribunal (Tribuna

Gift in kind taxable only if received on or after 1-9-2004 under the provisions of Section 56(2)(v)

January 24, 2011 2158 Views 0 comment Print

Provisions of section 56(2)(v) applied only to gift on or after 1-9-2004. Prior to introduction of section 56(2)(vii) by the Finance Act, 2009 w.e.f. 1.10.2009, gifts in kind were outside the purview of section 56(2)(v) or (vi).

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