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Rishabh Mehra

Latest Judiciary


Mere Change in profit sharing ratio would not change constitution of Partnership firm

Income Tax : ITAT Delhi in DCIT Vs Deepsons Southend held that if there is change in the profit sharing ratio of the partnership and all the pa...

January 16, 2016 10915 Views 0 comment Print

Continuously selling of product depicts commercial production not trial production

Income Tax : ITAT New Delhi held in ACIT Vs Phonix Lamps India Ltd that if the assessee was selling its final product to particular parties con...

January 16, 2016 1633 Views 0 comment Print

Under Mercantile method of accounting Loss in business can be booked in the year in which it is determined

Income Tax : ITAT Chandigarh held in Lakshmi Energy & Foods Products Ltd Vs The ACIT that if the assessee was following mercantile method of ac...

December 24, 2015 1276 Views 0 comment Print

Payment of broken period interest will be allowed as a business expense

Income Tax : 1.ITAT Mumbai held in the case of Asst. DIT Vs M/s Hongkong and Shanghani Banking Corporation Ltd that the broken period interest...

December 22, 2015 1198 Views 0 comment Print

Transfer Pricing: Only functionally comparable companies can be compared for calculating ALP

Income Tax : ITAT held in Acclaris Business Solutions Lvt Ltd. Vs I.T.O that only those companies could be compared for calculating ALP which w...

December 22, 2015 1009 Views 0 comment Print


Latest Posts in Rishabh Mehra

Mere Change in profit sharing ratio would not change constitution of Partnership firm

January 16, 2016 10915 Views 0 comment Print

ITAT Delhi in DCIT Vs Deepsons Southend held that if there is change in the profit sharing ratio of the partnership and all the partners remain same in the new partnership deed then that would not be change in the constitution of the firm so the loss of the firm could be carried forward.

Continuously selling of product depicts commercial production not trial production

January 16, 2016 1633 Views 0 comment Print

ITAT New Delhi held in ACIT Vs Phonix Lamps India Ltd that if the assessee was selling its final product to particular parties continuously and there was no return of the final product. Moreover there was no complaint of any defect in the finished product.

Under Mercantile method of accounting Loss in business can be booked in the year in which it is determined

December 24, 2015 1276 Views 0 comment Print

ITAT Chandigarh held in Lakshmi Energy & Foods Products Ltd Vs The ACIT that if the assessee was following mercantile method of accounting and it had booked loss in the assessment year in which the same had been determined then the same should be allowed because the assessee

Payment of broken period interest will be allowed as a business expense

December 22, 2015 1198 Views 0 comment Print

1.ITAT Mumbai held in the case of Asst. DIT Vs M/s Hongkong and Shanghani Banking Corporation Ltd that the broken period interest paid would be allowed to the assessee after relying the case of the assessee itself in The Hongkong and Shanghai Banking Corporation Ltd V/s DCIT

Transfer Pricing: Only functionally comparable companies can be compared for calculating ALP

December 22, 2015 1009 Views 0 comment Print

ITAT held in Acclaris Business Solutions Lvt Ltd. Vs I.T.O that only those companies could be compared for calculating ALP which were functionally similar. Those companies which were not performing similar functions could not be compared for calculating ALP.

For ALP of AMP, Comparable company performing similar function and cost plus method should be adopted

December 22, 2015 1070 Views 0 comment Print

ITAT held in Haier Appliances India Ltd Vs DCIT and Haier Appliances India Ltd Vs ACIT after relying on the case of Sony Ericsson Mobile Communications India Pvt Ltd reported in (2015) 374 ITR 118 (Delhi) that the above transaction of AMP

Only Functionally Comparable Company should be compared for applying margin percentage

December 16, 2015 436 Views 0 comment Print

ITAT Mumbai held in Goldman Sachs( India) Securities Pvt. Ltd Vs The DCIT that only functionally comparable company should be compared for comparing the margin percentage of the assessee company with comparable company.

Amendment to sec 9 will not have retrospective effect on tax withholding liability

December 16, 2015 1966 Views 0 comment Print

ITAT Kolkata held in the case of DCIT Vs Shri Subhotosh Majumder that the amended law of the deduction of tax at source of services which were to be utilized in India would be taxable in India would not have retrospective effect on the tax liability of withholding taxes.

Earlier year’s appellate decision could not be applied if facts of current year has changed

December 16, 2015 475 Views 0 comment Print

ITAT Mumbai held in Punjab & Sind Dairy Products Pvt Ltd Vs Dy. CIT that in the case of assessee itself in earlier year, ITAT had rejected the books of accounts on the basis that assessee failed to produce books of accounts as demanded by ITAT.

Premium paid under Keyman Insurance policy allowable as business expense

December 16, 2015 2630 Views 0 comment Print

ITAT held in M/s F.C Sondhi & Co.(India) P Ltd Vs The DCIT that the premium paid on the keyman Insurance Policy would be allowed as a business expense because the same had been paid for the growth

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