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ITAT Mumbai

Broadcasting Reproduction Right not covered under definition of Royalty under Article 12 of India-USA DTAA

September 30, 2023 552 Views 0 comment Print

ITAT Mumbai held that Broadcasting Reproduction Right is not covered under the definition of Royalty under the Income Tax Act as well as Article 12 of the India-USA DTAA.

Other method in rule 10AB is most appropriate method in case of royalty transactions

September 30, 2023 1539 Views 0 comment Print

ITAT Mumbai held that “other method” provided in Rule 10AB r.w.s. 92C (1) would be a good substitute for CUP as there is lack of reliable comparables in case of royalty transactions as royalty payments have been made for unique intangibles

Section 271(1)(c) penalty cannot be imposed merely for incorrect income head treatment

September 30, 2023 20604 Views 0 comment Print

In a significant decision, ITAT Mumbai rules in favor of D.C. Polyester Ltd., stating that penalties under Section 271(1)(c) of the Income Tax Act cannot be imposed for incorrect income head treatment.

No Section 14A Disallowance if Assessee has Surplus Interest-Free Funds Exceeding Exempt Income Investments

September 30, 2023 1023 Views 0 comment Print

Aditya Birla Nuvo Limited receives relief as ITAT Mumbai rules that investments yielding exempt income must be considered for disallowance under Rule 8D(2).

No Section 44ADA Addition for Consultancy Income by 10th-Passed Assessee

September 30, 2023 13704 Views 0 comment Print

ITAT Mumbai rules that income earned from a consultancy business, even with TDS deductions, should not be taxed under Section 44ADA of the Income Tax Act.

No Section 14A Disallowance of Expenditure for Stock-in-Trade Securities

September 30, 2023 630 Views 0 comment Print

ITAT Mumbai grants relief to Central Bank of India, disallowing expenditure under Section 14A for securities held as stock-in-trade, citing the Maxopp Investment Ltd case.

No Section 271B Penalty without Assessee’s Reasonable Opportunity to be Heard

September 30, 2023 849 Views 0 comment Print

In a landmark decision, ITAT Mumbai rules in favor of Evermore Polymer Systems Ltd., stating that penalties under Section 271B require a reasonable opportunity to be heard.

WDV of assets cannot be adjusted by amount of compensation for defective product

September 29, 2023 369 Views 0 comment Print

ITAT Mumbai held that amount of compensation for defective product being capital in nature cannot be adjusted from WDV of the assets.

Section 271B penalty not attracted if no books of account been maintained

September 29, 2023 1530 Views 0 comment Print

ITAT Mumbai ruling on penalty u/s.271B for non-maintenance of books of accounts by an assessee engaged in trading, financing, realty, and commodities business. Analysis of Varadagovind Parthasarthy Iyer vs ITO case.

Reopening u/s 148 fails as was based on material which no longer exists as being legally incorrect

September 29, 2023 750 Views 0 comment Print

ITAT Mumbai held that the material/information on which AO have re-opened the assessment is no longer existing being legally incorrect. Hence, action of AO to have issued notice of re-opening of assessment u/s 148 of the Act itself fails.

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