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ITAT Mumbai

Rate at which loan taken by Appellant cannot be taken as internal CUP to benchmark loan given to AE

July 3, 2023 621 Views 0 comment Print

ITAT Mumbai held that TPO was correct in concluding that the rate at which loan is taken by the Appellant cannot be taken as internal CUP to benchmark the loan given by the Appellant to its AE as there is a difference in credit rating of the Appellant and its AE.

Adjustment towards disallowance in terms of section 36(1)(va) are permissible under scope of section 143(1)

July 3, 2023 1761 Views 0 comment Print

ITAT Mumbai held that disallowance of delayed payment of employee’s contribution to PF and ESIC in terms of section 36(1)(va) is incorrect claim apparent from any information in the return. Accordingly, adjustment is permissible under the scope of section 143(1).

Accretion on Surrender of ULIP Policy Taxable as ‘Capital Gains’

July 3, 2023 6873 Views 0 comment Print

The Income Tax Appellate Tribunal (ITAT) in Mumbai classifies investment in ULIP Policy as ‘Capital Asset’, with accretion on surrender taxable under ‘Income from Capital Gains’ and not ‘Income from Other Sources’.

Mere Citation of Different PANs by Assessee & AO doesn’t dismiss Appeal

July 3, 2023 1302 Views 0 comment Print

Explore the ITAT Mumbai decision in the case of Maneken Keshvalla Patel Vs NFAC, where the appeal was reinstated despite discrepancies in PAN cited by the Assessee and Assessing Officer. Uncover the intricate details of the case.

Dividend distribution tax is a tax on domestic company distributing dividend

July 2, 2023 777 Views 0 comment Print

ITAT held that dividend declared, distributed or paid by a domestic company to non resident shareholder (s) attract additional income tax (tax on distributed profits) referred to in section 115-O of the Act, such additional income tax payable by the domestic company  shall be at the rate of mentioned in section 115-O of the Act and not at the rate of tax applicable to the non resident shareholder(s) as specified in the relevant DTAA with reference to such dividend income.

Arriving at Arm’s Length Price as NIL without giving contrary finding is unsustainable

July 1, 2023 909 Views 0 comment Print

ITAT Mumbai held that the TPO is not correct in arriving at the ALP as NIL on the ground that the need and benefit test is not satisfied by the assessee without giving any contrary findings with regard to the various documents including the TP study submitted by the assessee.

Penalty for late filing of Profession Tax Return is not allowable as business expense

July 1, 2023 5073 Views 0 comment Print

ITAT Mumbai held that penalty levied for late filing of Profession Tax Return is penal in nature accordingly is not allowable as business expenditure.

Addition in case of bogus purchases restricted to the extent of gross profit involved in business

June 30, 2023 2934 Views 0 comment Print

ITAT Mumbai held that 100% addition in case of bogus purchases unsustainable. Notably, addition to the extent of rate of gross profit in case of bogus purchase is duly sustained.

Software expense incurred for use of license not giving enduring benefit is revenue expenditure

June 30, 2023 1260 Views 0 comment Print

ITAT Mumbai held that the assessee has merely got the license to use the software for its daily business requirement and has never owned the same. Further, such expense was used for business purpose on yearly rent basis it has not given any enduring benefit. Hence, such expense are revenue in nature.

ITAT Rules Against Fees for Late TDS Filing Prior to 1.6.2015

June 30, 2023 459 Views 0 comment Print

Review the landmark ITAT ruling of Lifeline Medicare Hospitals Private Limited Vs CIT, where a notice levying fees for late filing of TDS prior to June 1, 2015 was set aside.

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