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ITAT - Mumbai ITAT Rules on Scope of Appeal under Sec.248 in Tax-Rate Dispute; Clarified that 'rates in force' refer to the tax rates specified in the relevant Finance Act or the applicable DTAA, whichever is more beneficial to the Assessee.
Reliance Commercial Dealers Limited Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 31920 (ITAT-MUMBAI) · Section 248
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ITAT - Mumbai ITAT Confirms Revision of Assessment Order Due to Lack of Enquiry on scope of Offshore Services provided by the Assessee's Head Office; AO relied solely on the findings of the TPO.
Kepco Plant Service & Engineering Co. Limited Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 31919 (ITAT-MUMBAI)
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ITAT - Mumbai ITAT Rules in Favor of Assessee, Deleting Addition (made citing a significant mismatch between the income declared in the taxpayer's return of income and the corresponding receipts mentioned in Form 26AS) Due to Business Model Justification.
Connect Residuary Pvt.Ltd Vs DCIT
(2023) TaxCorp(LJ) 31913 (ITAT-MUMBAI)
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ITAT - Mumbai ITAT Upholds Sec. 143(1) Adjustment of Individual's Club Membership Fees (one-time entry fees) as Capital Expenditure.
Balraj singh Jagjit singh Kharbanda Vs ADIT
(2023) TaxCorp(LJ) 31909 (ITAT-MUMBAI) · Section 143(1)
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ITAT - Mumbai ITAT Directs Revenue to Enquire Marketing Agency for Determining True Nature of Expenditure with a direction to summon the marketing agency to ascertain the facts and to determine nature of expenditure incurred by the Assessee.
Ari Healthcare Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31906 (ITAT-MUMBAI)
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ITAT - Mumbai ITAT Sustains Addition for Non-fulfilment of Sec.68 Prerequisites in Transactions with Commodity Traders.
Advantage Overseas Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31865 (ITAT-MUMBAI)
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ITAT - Mumbai ITAT Sets Aside Addition of Undisclosed Income - Assessee's Foreign Bank Account Balance - Beneficiary of Discretionary Trust - Revenue Fails to Dislodge Affidavit on Income Source
Arun Kumar R. Mehta Vs Dy. CIT
(2023) TaxCorp(LJ) 31847 (ITAT-MUMBAI)
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The determinative test to qualify for the benefit of deduction under Section 10A, is that the rendition of onsite services outside India by the Assessee should be an integral part of the overall computer software development project, which the Assessee undertook to do for its foreign customer.
LTIMindtree Limited Vs Additional Commissioner of Income Tax
(2023) TaxCorp(LJ) 31829 (ITAT-MUMBAI)
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The donations to trust forming part of CSR obligation would be eligible for deduction under Section 80G and the benefit under Chapter VI-A for computing ‘total taxable income’ cannot be denied as it would lead to double disallowance which is contrary to the intention of legislature.
Synergia Lifesciences Pvt. Ltd Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31823 (ITAT-MUMBAI) · Section 80G
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It would be a dichotomy, if the ROI filed by the assessee in the name of non existing entity is considered as valid return and assessment order passed by the LD AO on such nonexistent entity on the basis of such ROI is held to be invalid. Rules of the assessment cannot be different for the assessee and AO.
Star India Pvt. Ltd. (Successor of Star Sports India Pvt. Ltd.) Vs ACIT
(2023) TaxCorp(LJ) 31795 (ITAT-MUMBAI)
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Once the expenditure has been accepted to be for the community development, and environment health & safety expenses, the same cannot be held to be not incurred wholly and exclusively for the purpose of business in the year under consideration.
GMR Warora Energy Ltd Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31761 (ITAT-MUMBAI) · Section 37(1)
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The alleged on-money paid from Assessee’s funds from Muscat cannot be taxed under Section 69 as per Article 24 of India-Oman DTAA.
Vijaykumar Kanaiyalal Matta Vs Income Tax Officer
(2023) TaxCorp(LJ) 31736 (ITAT-MUMBAI) · Section 69
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The joint ownership of the property would not stand in the way of claiming exemption under Section 54F.
Zainul Abedin Ghaswala Vs CIT(A)
(2023) TaxCorp(LJ) 31729 (ITAT-MUMBAI)
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Penalty paid for late filing of profession tax return is penal in nature and cannot be considered as a compensatory to allow deduction under Section 37(1).
Shriram Chits Maharashtra Ltd Vs DCIT
(2023) TaxCorp(LJ) 31721 (ITAT-MUMBAI) · Section 37(1)
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Merely because the membership is taken in the name of the director, it cannot be said that Assessee won’t get the benefit of the membership of the director.
New Globe Logistik Pvt. Ltd Vs ITO
(2023) TaxCorp(LJ) 31720 (ITAT-MUMBAI)
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Levy of penalty suffers from vice of non-application of mind as well as violates principles of natural justice.
Saltwater Studio LLP Vs NFAC
(2023) TaxCorp(LJ) 31695 (ITAT-MUMBAI) · Section 270A(9)
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If the issue is restored the AO will get more time for passing the order which would clearly violate the specific direction provided under Section 144C(13).
I.A.R. System Aktiebolag Vs DCIT (International Taxation) - 2(2)(1)
(2023) TaxCorp(LJ) 31657 (ITAT-MUMBAI)
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Effluent treatment plant shall be considered as part of water treatment plant and shall be eligible for deduction under Section 80-IA(4).
Viral Alkalis Ltd Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31598 (ITAT-MUMBAI) · Section 80-IA
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Maintenance support services and training services do not fall in the ambit and nature of FTS within Article 12(4) of India-Singapore DTAA.
Murex Southeast Asia Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31592 (ITAT-MUMBAI)
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Even if for any year the taxpayer is found to be existing solely for educational purposes and not for purposes of profit, the Assessee still has to continuously satisfy this pivotal condition each and every year.
The Indian Institute Of Banking & Finance (Formerly known as The Indian Institute of Bankers) Vs Commissioner of Income Tax
(2023) TaxCorp(LJ) 31566 (ITAT-MUMBAI) · Section 10(23C)(vi)
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