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Assessee is directed to remit the cost of Rs.25,000 per appeal to Prime Minister's Relief Fund within 30 days.
Jet Airways (India) Limited Vs Dy. CIT
(2023) TaxCorp(LJ) 31089 (ITAT-MUMBAI)
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The receipt of shares of Dish TV as a gift is neither taxable under Section 56(1) absent the specific provisions to tax the same nor under Section 56(2)(viia) as the shares received are of a listed company.
Direct Media Distribution Ventures Pvt. Ltd Vs The Assistant Commissioner of Income Tax
(2023) TaxCorp(LJ) 31064 (ITAT-MUMBAI) · Sections 28(iv), 56
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DRP’s directions passed in contradiction to HC ruling in Assessee’s own case allowing DTAA benefit on interest income earned by Assessee, is not justified.
Green Maiden A 2013 Trust Vs Assistant Commissioner of Income Tax
(2023) TaxCorp(LJ) 31045 (ITAT-MUMBAI)
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PCIT invoked Explanation 2(a) to Section 263 while passing the revisionary order but the Explanation was not invoked while issuing the notice.
Sodexo India Services Private Limited Vs PCIT
(2023) TaxCorp(LJ) 31037 (ITAT-MUMBAI)
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Assessee has discharged its onus and the addition under Section 68 on account unexplained cash credit is liable to be deleted.
Direct Logistics India Private Limited Vs Income Tax Officer
(2023) TaxCorp(LJ) 31011 (ITAT-MUMBAI) · Section 68
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At the whims and fancies of the principal Commissioner of income tax provisions of explanation (2) (a) of section 263 cannot be invoked, but should be invoked where the order is passed without making enquiries and verification, which should have been made by AO.
Bhuvneshwari Vyapaar Private Limited Vs PCIT
(2023) TaxCorp(LJ) 30998 (ITAT-MUMBAI)
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Undoubtedly the factum of willful default is well propelled and the complainant agency has succeeded in proving their case beyond reasonable doubt.
Hema Chetan Shah Vs Government of India
(2023) TaxCorp(LJ) 30997 (ITAT-MUMBAI)
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Section 144C(1) does not apply in case of change in tax rate unless there is a variation in returned income of Assessee.
Erisse Investments Ltd Vs ACIT
(2023) TaxCorp(LJ) 30964 (ITAT-MUMBAI)
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If the reply of the secretary of the DRP is to be believed, then the DRP passes the direction not based on the assessment records and transfer pricing records but on the names mentioned in form number 35A filed by the assessee.
Hindustan Unilever Ltd (As Legal Successor of Glaxo Smithkline Consumer Healthcare Ltd) Vs DCIT
(2023) TaxCorp(LJ) 30955 (ITAT-MUMBAI)
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Merely mentioning the status as resident in the original return of income cannot be the ground for treating the Assessee as resident.
Ananya Ajay Mittal Vs DCIT
(2023) TaxCorp(LJ) 30893 (ITAT-MUMBAI)
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When it is probable that total contract costs will exceed total contract revenue, the expected loss should be recognised as an expense.
L&T MHPS Generators Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 30889 (ITAT-MUMBAI)
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The carrying on of any work is the sine qua nonfor attracting the provisions of section 194C and thus Section 194C was not attracted in the present case.
ATC Telecom Infrastructure Pvt. Ltd Vs Pr.CIT-9
(2023) TaxCorp(LJ) 30837 (ITAT-MUMBAI)
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Albeit, the agreement envisages more of voyage charter by the vessel owner and therefore, in our opinion, the same cannot be fall strictly within the realm of definition provided of ‘royalty’ in terms sub clause (iva) to Explanation 2.
Nan Lian Ship Management LLC Vs ACIT (Int. Tax)
(2023) TaxCorp(LJ) 30822 (ITAT-MUMBAI)
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ITAT - Delhi ITAT Rules in Favor of Assessee, Allows License Fee Recognition as per Mercantile System of Accounting.
CU Inspections & Certifications India Pvt. Ltd Vs ACIT
(2023) TaxCorp(LJ) 30797 (ITAT-MUMBAI)
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Merely because an Indian company in controlled by a Switzerland company or fact that Switzerland Company carries business in India, does not result in Indian company being considered as a PE of Switzerland Company in India.
S.R. Technics Switzerland Limited Vs ACIT
(2023) TaxCorp(LJ) 30759 (ITAT-MUMBAI)
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Mere reliance on information obtained from the Sales Tax Department without causing further enquiries to ascertain genuineness or otherwise of the transaction, would not be sufficient to treat the purchases as bogus.
Infinity Industries Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 30727 (ITAT-MUMBAI)
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Management services rendered by the Assessee under the Management Service Agreement do not constitute fees for included services under the India-USA DTAA.
Edenred SA Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 30718 (ITAT-MUMBAI)
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The receipts from domain name registration of a Registrar authorised by Internet Corporation for Assigned Names and Numbers is not liable to tax as royalty in India, absent an intellectual property right in the nature of trademark.
PDR Solutions FZC Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 30709 (ITAT-MUMBAI)
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Payment made towards school support services falls within the ambit of commission or brokerage and liable for tax deduction at source in terms of Section 194H.
Ox ford University Press Vs DCIT
(2022) TaxCorp(LJ) 30700 (ITAT-MUMBAI)
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Merely because interest of the housing loan on the said property was claimed by the Assessee’s son in his computation of income, does not make him the owner of the property.
Mumtaz Abdul Aziz Vs ITO
(2022) TaxCorp(LJ) 30671 (ITAT-MUMBAI)
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