ITAT Mumbai held that the moment the order of the TPO is barred by limitation and quashed the assessee ceases to be an eligible assessee. Hence the time limit for completion of the assessment reverts back to 21months. Final assessment order passed after that is barred by limitation.
ITAT Mumbai held that profit before depreciation (PBDIT) is to be considered as Profit Level Indicator (PLI) for transfer pricing analysis for benchmarking the international transaction.
ITAT Mumbai held that disallowance towards payment of PF & ESIC u/s 36(1)(va) unjustified as the amount is deposited before the due date of return of income u/s 139(1) of the Income Tax Act.
ITAT Mumbai held that addition towards unaccounted cash receipts on the basis of seized documents i.e. rough notes duly supported with corroborative evidence sustained.
ITAT Mumbai held that as the assessee ceases to be an ‘eligible assessee’ under provisions of section 144C of the Income Tax Act, extended time limit for assessment is not available to AO. Accordingly, order of TPO is barred by limitation.
In present facts of the case, the Hon’ble Tribunal held that expenses made pertaining to Club Membership fees shall be allowed as business expenditure.
ITAT Mumbai held that reasonable amount of addition should be made in case of bogus purchase. Accordingly, CIT(A) has justifiably made addition on the reasonable estimate basis @ 5% of the bogus purchase.
In the case of Gulu Hassanand Raney vs. Asst. Director of I.T. Bangalore-CPC (ITAT Mumbai), the Income Tax Appellate Tribunal (ITAT) dismissed the appeal regarding the extension of the due date for filing the income tax return. The appeal raised questions about whether the extended due date for tax audit cases could be applied to an assessee liable for audit under a different law. Read the full order and analysis here.
ITAT Mumbai held that determination of Arm’s Length Price (ALP) of intra group services at Rs. Nil is not justified as the assessee has maintained a reasonably sound documentation of intra group services.
ITAT Mumbai held that land was transferred to the builder/ developer at the time of execution of Development Agreement i.e. 18/01/2008 and accordingly, the same cannot be taxed in the year of agreement of sale i.e. A.Y. 2010-2011.
