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ITAT Mumbai

Expense incurred for earning income chargeable under income from other source allowable as deduction u/s 57(iii)

October 4, 2023 930 Views 0 comment Print

ITAT Mumbai held that any expenditure incurred for purpose of earning income chargeable under the head ‘income from other sources’ is allowable as deduction u/s. 57(iii) of the Income Tax Act.

Indian subsidiary operating in independent manner doesn’t constitute PE

October 4, 2023 1185 Views 0 comment Print

ITAT Mumbai held that the Indian Subsidiary operating in an independent manner doesn’t constitute as a “Permanent Establishment” in India and hence income of the assessee is not allowable to be taxed in India.

Income Tax Act Section 43CA Provisions Effective Since April 1, 2014

October 3, 2023 3228 Views 0 comment Print

ITAT Mumbai held that provisions of Section 43CA of the Income Tax Act are effective only from 1st April 2014. Accordingly, the same are not applicable when part payment was received in 2010.

Addition u/s 68 of Income Tax Act based on retracted statement unsustainable

October 3, 2023 2898 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act merely based on statement of the key person which was retracted subsequently unsustainable as genuineness, identity and creditworthiness proved.

Section 79 Triggers on Change in Beneficial Ownership of Shares: ITAT

October 3, 2023 3825 Views 0 comment Print

In this article, we discuss ITAT Mumbai’s decision in Hiranandani Healthcare Pvt Ltd vs CIT case regarding set-off of brought forward losses and impact of Section 79 on individual shareholding changes.

Penalty u/s 271AAB of the Income Tax Act is not mandatory or automatic

October 2, 2023 6696 Views 0 comment Print

ITAT Mumbai held that the levy of penalty under section 271AAB of the Income Tax Act is not mandatory or automatic and same needs to be examined depending upon the facts and circumstances of the case.

Rental income by giving agricultural land on lease is agricultural income

October 2, 2023 8010 Views 0 comment Print

ITAT Mumbai held that receipt of rental income by giving the land on lease to the LLP and non-utilization of the said land does not preclude the assessee to treat the same as agricultural income. Accordingly, the same is exempt.

ITAT Imposes Rs 5,000 Cost on Assessee for Non-Compliance of CIT(A) notices

October 2, 2023 1644 Views 0 comment Print

Read how ITAT Mumbai imposes a cost of Rs 5,000 on Edifice Properties Pvt Ltd for non-compliance with notices in their appeal against the CIT(A) order.

Assessment order passed in case of amalgamated entity is null and void

October 2, 2023 1212 Views 0 comment Print

ITAT Mumbai held that the entire assessment order have not been passed in the case of non-­existing entity i.e. amalgamated entity is null and void and hence liable to be quashed.

TP Adjustment relating to receipt of brand royalty from AE deleted as brand not owned by assessee

October 2, 2023 528 Views 0 comment Print

ITAT Mumbai held that the fee paid by the assessee i.e. Tata Consultancy Services towards the brand to Tata and Sons Ltd. is not capital in nature for the reason that the brand is not owned by the assessee. Hence, there cannot be any TP adjustment towards the amount that ought to have been received by the assessee towards brand royalty.

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