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ITAT Mumbai

TP adjustment relating to intra-group services unjustified as benefit derived thereof duly demonstrated

September 16, 2023 708 Views 0 comment Print

ITAT Mumbai held that transfer pricing (TP) adjustment relating to intra-group services unjustified as assessee duly demonstrated objective analysis of intragroup services rendered and kind of qualitative and quantitative benefit.

AO Can Initiate Reassessment Based on Investigation Wing Info: ITAT

September 16, 2023 2232 Views 0 comment Print

Understanding the Nakoda Metal Industries Vs ITO case in ITAT Mumbai. The article elaborates on why the court validated AO’s reassessment proceedings based on external information.

Setting off of speculative losses against non-speculative profit unsustainable

September 15, 2023 393 Views 0 comment Print

ITAT Mumbai held that loss arising on settlement of contracts has to be treated as speculation loss and speculative losses are not eligible for set off against the non-speculation profit.

Higher rate of tax in case of foreign company is not in violation of non-discrimination clause

September 15, 2023 600 Views 0 comment Print

ITAT Mumbai held that rate of tax in case of foreign company is higher than rate of tax in case of domestic company and as per the Explanation in the Section 90, inserted in the IT Act with retrospective effect from 01-04-1962 the should not be regarded as violation of nondiscrimination clause.

Payment of guarantee fees to holding company for loan advanced to third party is deductible u/s. 37

September 15, 2023 753 Views 0 comment Print

ITAT Mumbai held that guarantee fees paid to holding company for loan advanced by assessee to third party is commercial/ business expediency and hence allowable as deduction under Section 37 of the Income Tax Act.

Re-adjudicate Deceased Assessee’s Foreign Income Based on Previous Year’s Residential Status: ITAT

September 14, 2023 609 Views 0 comment Print

Read the full text of ITAT Mumbai’s order directing re-adjudication of foreign income earned by a deceased assessee based on the residential status of the previous year.

Bonus Shares cannot be taxed under section 56(2)(vii)(c )

September 14, 2023 825 Views 0 comment Print

Analysis of ITAT Delhis decision in DCIT Vs Aruna Chandhok case. Understand why no income tax is payable on bonus shares under Income from Other Sources.

Loss due to embezzlement by employees allowable as deduction u/s 28

September 13, 2023 2763 Views 0 comment Print

ITAT Mumbai held that that loss arising due to embezzlement by the employees should be treated as incidental to the business such loss so suffered is allowable as deduction under section 28 of the Income Tax Act.

ITAT Mumbai Imposes Cost for Ignored Tax Proceedings

September 12, 2023 471 Views 0 comment Print

ITAT Mumbai imposes a cost on Rajendra Karbhari Bodake for ignoring income tax proceedings, highlighting the need to take such matters seriously.

Interest incurred for acquisition of clear title of property allowable as cost of acquisition

September 12, 2023 1089 Views 0 comment Print

ITAT Mumbai held that interest cost incurred towards acquisition of the clear title of the property is allowable as cost of acquisition.

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