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When all the necessary facts are before the ITAT, it was a mistake apparent on record to remit the matter back on a question of law.
Blackstone FP Capital Partners Mauritius V Limited Vs DCIT
(2022) TaxCorp(LJ) 30654 (ITAT-MUMBAI)
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Royalty income that accrues in India as per Section 5 of the Act and the royalty income that is deemed to accrue in India with the aid of Section 9 read with Section 5 of the Act would be considered as royalties that arises in India for the purpose of Article 12(1) and Article 12(2) of the DTAA.
Global Cricket Corporation Pte Ltd Vs ADIT (IT) 3(1)
(2022) TaxCorp(LJ) 30652 (ITAT-MUMBAI)
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Payments made by Shoppers Stop to various vendors for procurement of footwear under sale or return agreement is not in the nature of work contract, thus provisions of Section 194C are not applicable.
Shoppers Stop Limited Vs ACIT
(2022) TaxCorp(LJ) 30642 (ITAT-MUMBAI) · Section 194C
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Free sample of medicines supplied to doctors is for promotion of the product of the pharmaceutical company, thus is wholly and exclusively for the purposes of the business of the company and allowable under Section 37(1).
Merk Limited Vs DCIT
(2022) TaxCorp(LJ) 30640 (ITAT-MUMBAI) · Section 37(1)
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The amendment in Section 149(1)(c) by Finance Act, 2012 extending the limitation period to sixteen years could not be resorted for reopening the assessment where time had already expired before the amendment became effective.
Deval D. Thakkar Vs DCIT
(2022) TaxCorp(LJ) 30639 (ITAT-MUMBAI)
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Revenue is directed to make every possible endeavor of carrying out the necessary correction in the challan within 2 months.
WorldQuant Research (India) Pvt. Ltd Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 30628 (ITAT-MUMBAI)
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Set off of brought forward loss when there is a change in shareholding is a debatable issue and not a mistake apparent from record, thus not rectifiable.
Birla Edutech Limited Vs ITO
(2022) TaxCorp(LJ) 30560 (ITAT-MUMBAI)
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The assessee would be entitled for set off of brought forward as well as current year business losses against foreign dividend income.
Tata Industries Ltd Vs The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30553 (ITAT-MUMBAI) · Section 80G
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Supreme Court has recognized ICAI as an expert body of accountants and the guidance note on tax audit issued by them can be relied upon in the absence of any statutory provision for computation of turnover in such cases.
Sanjay Marotrao Modak Vs Dy. CIT
(2022) TaxCorp(LJ) 30550 (ITAT-MUMBAI) · Section 271B
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Interest income earned by the co-operative society from the investments made with the co-operative banks is eligible for claim of deduction under Section 80P(2)(d).
Mittal Court Premises Co-operative Society Ltd. Vs ITO
(2022) TaxCorp(LJ) 30549 (ITAT-MUMBAI) · Section 80P
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Non-mentioning of date of commencement or mentioning of wrong date in Form No. 10CCB by the Auditors can be an error of reporting and thus, Assessee’s claim cannot be rejected on this basis.
Vodafone India Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30535 (ITAT-MUMBAI)
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Even if a proposal of a scheme of amalgamation is approved by the Adjudicating Authority, no provision of such a scheme can override the existing provision of the Act.
Grasim Industries Ltd Vs DCIT
(2022) TaxCorp(LJ) 30532 (ITAT-MUMBAI)
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Framing assessment on a non-existing entity is a jurisdictional defect which cannot be cured under Section 292B.
Candor Renewable Energy Pvt. Ltd Vs Asst. Commissioner of Inocome Tax
(2022) TaxCorp(LJ) 30502 (ITAT-MUMBAI)
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Despite the services provided and the services receiver having confirmed the entire rendering of service, it is unfathomable as to how and for what reason the Assessing Officer has disbelieved the same.
Novo Corporate Advisors Pvt. Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30498 (ITAT-MUMBAI) · Section 68
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Deduction of 80IB (10) will not be allowed on the units/flats which have exceeded 1000 Sq. ft. even marginally.
Bharat Tukaram Bhor Vs ACIT
(2022) TaxCorp(LJ) 30468 (ITAT-MUMBAI) · Section 80-IB(10)
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Nothing has been brought on record to show that the confirmation of addition by CIT(A) was based on no material.
Rupinder Tandon Vs ACIT
(2022) TaxCorp(LJ) 30455 (ITAT-MUMBAI)
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Contract employees hired by the assessee to carry out its manufacturing process are required to be considered for the purpose of Section 80-IB.
Hindustan Coals Private Limited Vs National Faceless Assessment Centre
(2022) TaxCorp(LJ) 30436 (ITAT-MUMBAI) · Section 80-IB
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Where the object of respective subsidy schemes of State Governments was to encourage the development of Multiple Theatre Complexes, incentives would be held to be capital in nature and not revenue receipts.
Ambuja Cements Ltd. Vs Additional Commissioner of Income Tax
(2022) TaxCorp(LJ) 30416 (ITAT-MUMBAI)
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Executive search service fees received by Dutch Company from its Indian Subsidiary is not taxable as FTS under India-Netherlands DTAA.
Spencer Stuart International B.V. Vs Asstt. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30412 (ITAT-MUMBAI)
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For the purpose of Section 36(1)(viia), the aggregate average advance made by the rural branches of a scheduled bank shall be computed by taking the amount of advances made by each rural branch as outstanding at the end of the last day of each month of the previous year aggregated separately.
The State Bank of India Vs Asstt. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30405 (ITAT-MUMBAI)
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