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ITAT Mumbai

Deduction u/s 80IB and 80IC corresponding to allocation of R&D expenditure allowed

March 1, 2023 1248 Views 0 comment Print

ITAT Mumbai held that disallowance for deduction under section 80IB and 80IC of the Income Tax Act corresponding to the allocation of R&D expenditure is deleted.

Date of allotment letter for stamp duty valuation should be considered for section 56(2)(x)

March 1, 2023 3867 Views 0 comment Print

ITAT Mumbai held that stamp duty valuation as on the date of allotment letters, and not the date of execution of agreement to sell, should be considered for the purpose of section 56(2)(x) of the Income Tax Act.

Asset cannot be said to be held as stock-in-trade in absence of evidence proving the same

February 28, 2023 1842 Views 0 comment Print

ITAT Mumbai held that mere presumption that plots are intended for further sale and hence plots were stock-in-trade does not make the claim satisfying as the assessee failed to prove the same by way of evidences.

Exemption u/s 54F available towards purchase of residential property one year before the sale of capital asset

February 28, 2023 6678 Views 0 comment Print

ITAT Mumbai held that purchase of residential property within specified period of one year before the sale of capital asset (commercial property) is allowable as exemption under section 54F of the Income Tax Act 1961.

Interest paid by Indian Branch to Head office is not taxable in India in terms of India-France DTAA

February 27, 2023 1548 Views 0 comment Print

ITAT Mumbai held that that the interest paid by the Indian branch-PE to the head office-GE is not taxable in India in terms of India-France DTAA.

Education cess paid by assessee is not allowable as expense u/s. 37

February 24, 2023 1428 Views 0 comment Print

Held that education cess paid by the respondent-assessee is not allowable as an expenditure under Section 37 read with 40(a)(ii) of the Income Tax Act.

Payment towards brokerage service not covered as FTS/FIS is not taxable in India

February 23, 2023 1365 Views 0 comment Print

ITAT Mumbai held that there is no element of technical knowledge, experience, skill knowhow or process in the rendering of brokerage services. Therefore, the payment of brokerage by the assessee to the brokers not being covered as FTS-FIS is not taxable in India either pursuant to Sec. 9(1)(vii)

Denial of credit of TDS which duly pertains to assessee not permissible

February 23, 2023 5049 Views 0 comment Print

ITAT Mumbai held that the Department cannot swallow tax paid by the assessee and deny credit of tax deducted, which pertains to the assessee. AO cannot simply decline the credit of TDS. AO directed to allow the TDS credit after due verification.

Addition of commission income earned on different transaction by providing accommodation entries sustainable

February 22, 2023 2919 Views 0 comment Print

ITAT Mumbai held that addition in respect of commission income earned on different transactions for loans and advances for share application money for purchase and sales, etc. sustainable as it is proved that assessee is into the business of providing accommodation entries.

Catalyst used as consumables is allowable revenue expenditure

February 21, 2023 1047 Views 0 comment Print

ITAT Mumbai held that catalyst expenditure merely used as consumables is revenue expenditure. Accordingly, the same is allowable as deduction.

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