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Under section 244A, interest provided for under the statute can only be claimed by the assessee from the Revenue and no other interest on such statutory interest is payable.
MSM Satellite (Singapore) Pte. Ltd. Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29422 (ITAT-MUMBAI) · Section 244A
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By merely transferring funds as unsecured loan or advances towards share capital will not trigger the deeming provision under section 56(2)(viib).
Impact RetailTech Fund Pvt. Ltd Vs ITO -6(2)(4)
(2022) TaxCorp(LJ) 29403 (ITAT-MUMBAI) · Section 56(2)(viib)
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It cannot be categorically concluded out the demerger scheme does not constitute, directly or indirectly, distribution by a company of accumulated profits, whether capitalised or not, if such distribution entails the release by the company to its shareholders of all or any part of the assets of the company.
Grasim Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29398 (ITAT-MUMBAI)
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The CIT(A) explained that if such transactions were to be treated as transfer by notionally assigning a value, then the benefit of indexation and Section 54 to be given to the Assessee and thus CIT(A)’s order is upheld.
Sanika Avadhoot Vs Income Tax Officer
(2022) TaxCorp(LJ) 29350 (ITAT-MUMBAI)
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Sum received from Indian counterpart for distributing products on principal-to-principal basis was not ‘Royalty’ under Article 12 of the India-USA DTAA.
Factiva Ltd Vs DCIT
(2022) TaxCorp(LJ) 29331 (ITAT-MUMBAI)
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The Revenue had mentioned incorrect address in the body of the assessment order itself, mitigating further the claim of the Revenue.
Late Pankaj Shantilal Shah (through L/heir Mrs. Bharti Pankaj Shah) Vs Income Tax Officer
(2022) TaxCorp(LJ) 29305 (ITAT-MUMBAI)
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The commission amounts which were earned by the non-resident assessees for services rendered outside India cannot, therefore, be deemed to be incomes which have either accrued or arisen in India.
Credit Suisse (Singapore) Ltd. Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29302 (ITAT-MUMBAI)
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Capital losses incurred from capital market transactions shall be construed as income accruing or arising from transactions undertaken in India falling within Sec. 5 and eligible to be carried forward to subsequent years.
Goldman Sachs India Investments (Singapore) PTE Limited The Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29288 (ITAT-MUMBAI)
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Carried forward MAT credit of amalgamating company can be taken credit of by amalgamated company.
TATA Communications Ltd. Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29286 (ITAT-MUMBAI)
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Letting out of studio premises of trust in order to achieve main object of education cannot be construed as business.
Acharya Jiyalal Vasant Sangeet Niketan Vs ITO
(2022) TaxCorp(LJ) 29284 (ITAT-MUMBAI)
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Where assessee filed details regarding claim of depreciation on goodwill in original assessment proceedings and A.O after considering same, allowed said claim, initiation of reassessment to disallow depreciation was nothing but change of opinion.
Tata Communications Limited Vs DCIT
(2022) TaxCorp(LJ) 29283 (ITAT-MUMBAI)
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Merely providing commercial information through a benchmarking study does not in any manner makes available any technical knowledge, experience, skill, know how or processes, nor consist of the development and transfer of a technical plan or technical design.
Reliance Industries Ltd Vs ACIT
(2022) TaxCorp(LJ) 29262 (ITAT-MUMBAI)
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In view that the case was selected for scrutiny for large share application money, the AO was duty bound to carry out necessary verification in terms of proviso to Section 68.
Aneeka Universal P. Ltd Vs Principal Commissioner of Income Tax-9
(2022) TaxCorp(LJ) 29260 (ITAT-MUMBAI)
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Tinkering with the book profit as per profit and loss account is permitted otherwise than mandated by the provisions of the Act as contained in section 115JB.
Tolani Shipping Co. Ltd Vs DCIT-5( 3)( 2)
(2022) TaxCorp(LJ) 29257 (ITAT-MUMBAI) · Section 33AC
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Under these circumstances, there seems to be no basis, except for surmises and conjectures, to suggest that the company is not wholly managed or controlled from the UAE.
Interworld Shipping Agency LLC Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29249 (ITAT-MUMBAI)
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TDS could not contemplated by the Assessee at the time of share purchase and interest u/s 201(1A) could not be charged as interest need be given same treatment as given to the principal sum.
WNS Capital Investment Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29248 (ITAT-MUMBAI)
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ITAT - Levy of penalty by no means could be construed as an addition within the meaning of clause 10(e) of the CBDT circular no.3 of 2018 - Revenue’s appeal not maintainable, as the tax effect was below the monetary limit prescribed by CBDT Circular No.17/2019.
Stripco Springs Pvt Ltd Vs ITO- 13(2)(4)
(2022) TaxCorp(LJ) 29231 (ITAT-MUMBAI)
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Assessee is entitled to stay of demand even though it exceeds the period beyond 365 days as assessee has no fault for the delay in disposal of the pending appeal.
Vodafone Idea Ltd Vs DCIT
(2022) TaxCorp(LJ) 29228 (ITAT-MUMBAI)
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If the claim of the assessee is legally sustainable and supported by decision of a High Court, the same should not have been disturbed in revision u/s. 263 of the Act.
Piramal Investment Opportunities Fund Vs Pr. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29214 (ITAT-MUMBAI)
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The issue of rectification order under Section 154 which is, whether to levy the interest from date of refund or date of receipt of such refund, is capable of divergent views.
State Bank of India Vs Asstt. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29193 (ITAT-MUMBAI) · Section 234D
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