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ITAT Mumbai

Addition u/s 68 justified as genuineness and creditworthiness of investing companies doubtful

November 11, 2022 828 Views 0 comment Print

ITAT Mumbai held that addition u/s 68 justified as investment made by the companies in the assessee company lacks trust and details of transactions submitted by the assessee didn’t inspire confidence as the credibility of the companies are questionable as per the financials of the same.

Provisions of section 50C doesn’t apply as development rights transferred before 1st April 2003

November 11, 2022 954 Views 0 comment Print

ITAT Mumbai held that development rights in the plot of land were transferred to the builder in the financial year 2000–01. Provisions of section 50C were effective only from 1st April 2003 and hence the same are not applicable in the present case.

Assessment framed u/s 144 instead of section 153C liable to be quashed

November 10, 2022 1905 Views 0 comment Print

ITAT Mumbai held that assessment proceedings were initiated on the basis of search operation carried out at third party wherein incriminating documents relating to assessee were allegedly found. Hence, assessment was required to be framed u/s 153C read with section 153A of the Income Tax Act and not u/s 144 and hence the said proceedings are quashed.

Non-resident reinsurance business profit has no tax implication in India

November 10, 2022 555 Views 0 comment Print

ITAT Mumbai held that business profits earned by the assessee (non-resident) on account of the reinsurance business have no tax implications in India and existence of dependent agency permanent establishment is wholly tax neutral in India.

Information gathered by TPO using authority u/s 133(6) should be provided to assessee

November 9, 2022 1752 Views 0 comment Print

ITAT Mumbai held that as TPO has gathered financial and functional details of the company by way of using his authority under section 133(6) of the Income Tax Act hence the same needs to provide all the gathered information to the assessee.

Software Development Expenditure for services to clients is Revenue expense

November 8, 2022 1062 Views 0 comment Print

DCIT Vs Sikraft Infotech Private Limited (ITAT Mumbai) Software Development expenses claimed by the assessee are in the nature of payment of salaries and allowances to the Engineers, travelling expenses, etc. The assessee is engaged in the process of providing automation, software and hardware engineering. The said expenditure is in the regular course of business […]

Non granting of TDS credit & Foreign Taxes Paid credit – ITAT refers matter back to AO

November 7, 2022 399 Views 0 comment Print

ITAT Mumbai remits the case to AO, grants Antonio Munroe another opportunity to substantiate challenges against Assessment and denied credits. Appeal allowed for statistical purposes.

ITAT set-aside Assessment Order Passed against Non-Existing Entity

November 7, 2022 672 Views 0 comment Print

Culver Max Entertainment Private Limited Vs ACIT (ITAT Mumbai) – validity of assessment order passed in the name of a Non-existing entity.

Section 11(6) Depreciation not allowable if value of assets claimed as application of income

November 7, 2022 1626 Views 0 comment Print

Podar Literacy & Education Trust Vs DCIT (ITAT Mumbai) AO has disallowed the claim of depreciation as per the mandate of provisions of sec. 11(6) of the Act, which reads as under:- (6) In this section where any income is required to be applied or accumulated or set apart for application, then, for such purposes […]

Exercising of revisional jurisdiction in a mechanical & cavalier manner is unsustainable

November 7, 2022 288 Views 0 comment Print

ITAT Mumbai held that AO duly verified the TDS credit and assessee duly explained as to why certain receipts though subjected to TDS would not be liable to be offered to tax such as mobilization advance. Ignoring the same and exercising the revisional jurisdiction u/s 263 in a mechanical and cavalier manner is unsustainable

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