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ITAT Mumbai

Financial Position of Appellant cannot be the sole criteria for grant of stay

December 27, 2010 682 Views 0 comment Print

The Court has made it clear that though there are no hard and fast rules regarding grant of stay, prudence, discretion and circumspection are called for and stay should not be granted as a matter of course. Considerations about balance of convenience, question of irreparable injury and implications to public interest have to be borne in mind

Reimbursement of expenses cannot be subject matter of disallowance U/S. 40(a)(i)

December 26, 2010 2527 Views 0 comment Print

The assessee is a company. It is engaged in the business of corporate and project finance and merchant banking. The assessee had taken premises at Bardy House, Veer Nariman Road, Fort, Mumbai-400 001 on rent. During the previous year, it incurred an expenditure of Rs. 30,94,066/- in connection with renovation of the aforesaid leasehold premises. The assesse

When gift is not genuine, addition under section 68 is warranted

December 26, 2010 1938 Views 0 comment Print

Brief facts of the case are that the assessee received a gift of Rs.30,00,000/- from Mrs. Chandra Hingorani. The genuineness of the gift was examined by the Assessing Officer by considering the various documents including taking statements of the assessee which was recorded on 19.12.2006.

Appraisal report of survey team assist in making final assessment but that itself cannot become a final assessment

December 26, 2010 4299 Views 0 comment Print

The assessee maintained regular books of account following recognized method of accounting. The assessee has shown 10.22% of G.P. for the year under consideration as against 6.78% GP of last year. Search and seizure actions were carried out on 14.6.2006.

Transfer pricing study of assessee and ALP of international transactions determined on the basis of such study simply cannot be rejected without any cogent reasons

December 26, 2010 1879 Views 0 comment Print

It has been held by various judicial pronouncements that unless proper method is followed, comparables are chosen and selected after doing a proper FAR study as well as adjustments are made to the extent possible it would be unfair to summarily reject the transfer pricing analysis made by the assessee

Depreciation is to be allowed to the assessee on the `brand’ received by it under the scheme of amalgamation

December 26, 2010 2007 Views 0 comment Print

The AO further made a disallowance of a deduction of Rs.6,94,02,867/- u/s 40(a). The assessee claimed that certain disallowances were made for expenditure in the earlier years in the case of KEC Infrastructure Ltd. and as the payments of these disallowed expenditure were made during the year, the assessee claims that the same should be allowed in its han

It is not necessary that for claiming deduction on account of foreign travel expenses, there has to be some business activity of assessee in foreign countries

December 25, 2010 597 Views 0 comment Print

The assessee in the present case is an investment company which filed its return of income for the year under consideration on 29.10.04 declaring total income of Rs. 5,03,38,480/-. The said return filed by the assessee was selected for scrutiny assessment and in the assessment completed vide an order dated 29.9.2006 passed u/s 143(3), the total income of the assessee was computed by the AO.

Mere occupancy right under leave & licence agreement not sufficient to attract Explanation 1 of section 32(1)

December 25, 2010 2244 Views 0 comment Print

The words other right of occupancy appearing in the Explanation 1 of section 32(1) should be construed ejusdem generis with the word lease and if that is so, the right of occupancy should be of such a nature that the assessee should possess an interest in the property and the occupancy must be referable to that interest

It is mandatory for assessee, to follow one of prescribed methods and demonstrate that international transactions, entered into by it, with an associated enterprise, are at Arms Length Price

December 25, 2010 770 Views 0 comment Print

During the year, the assessee has shown export sale of polished diamonds and claimed deduction u/s. 80HHC. The assessee also filed an Audit Report in the Form No. 3CEB. The Assessing Officer referred the case to the Transfer Pricing Officer (TPO) for determination of Arms Length Price (ALP) u/s. 92CA(3).

Indo-Singapore DTAA – Mere existence of a PE in India cannot lead to a conclusion that royalties arise in India

December 25, 2010 1081 Views 0 comment Print

The facts of the case are that the assessee is a Singapore based company engaged in the business of acquiring television programs, motion pictures and sports events and exhibiting the same on its television channels from Singapore. The assessee is a tax resident of Singapore in terms of Article 4 of the India Singapore Tax Treaty.

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