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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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Reimbursement of project administration cost received by non-resident Assessee from GSSPL for development of campus as per the CPSA is not taxable as FIS under Article 12 of India-USA DTAA, absent fulfilment of make available condition.
Goldman Sachs & Co. LLC Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31538 (ITAT-MUMBAI)
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Subscription fees received by Assessee for providing access to its online database is not taxable as royalty both under Section 9(1)(vi) and under Article 12(3) of the India-Switzerland DTAA.
IQVIA AG (Previously known as IMS AG) Vs Deputy Commissioner of Income Tax
(2023) TaxCorp(LJ) 31534 (ITAT-MUMBAI)
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If two reasonable constructions of a taxing provision are possible that construction which favours the Assessee must be adopted.
Kalyaanee Krrsna Builders Vs TDSCPC Ghaziabad
(2023) TaxCorp(LJ) 31533 (ITAT-MUMBAI) · Sections 234E, 200A
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Even under the provisions of the India-South Africa DTAA, the payment of compensation under the Termination Agreement is not taxable in India.
The Board of Control for Cricket in India Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31519 (ITAT-MUMBAI)
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The deceased Assessee is eligible for TDS credit, as the income from the Deed of Settlement of the Trust was declared and offered to tax by the Assessee as per Section 199(1) which was duly assessed under Section 143(1).
Late Russi Dinshaw Bahadurji Vs Income Tax Officer
(2023) TaxCorp(LJ) 31497 (ITAT-MUMBAI)
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Make available test fails and the services cannot be held to be chargeable to tax as FTS as per India-Singapore DTAA.
Macrotech Developers Limited Vs DCIT-7(3)
(2023) TaxCorp(LJ) 31478 (ITAT-MUMBAI) · Section 43CA
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With effect from Oct 1, 2019, no communication shall be issued by the Income Tax Authority unless a DIN is allotted and is quoted in the body of the letter except under exceptional circumstances as mentioned in Para 3.
Teleperformance Global Services Private Limited Vs Asst.Commissioner of Income Tax
(2023) TaxCorp(LJ) 31455 (ITAT-MUMBAI)
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Amounts received as compensation for hardship, rehabilitation and for shifting are not liable to tax.
Ajay Parasmal Kothari Vs Income Tax Officer
(2023) TaxCorp(LJ) 31454 (ITAT-MUMBAI)
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Uber India cannot be treated as assessee-in-default for non-deduction of tax at source under Section 194C on payments made to restaurant and courier partners or driver-partners under Uber Eats and Uber App respectively on behalf of Uber B.V.
Uber India Systems Private Limited Vs Dy. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31436 (ITAT-MUMBAI)
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The capital gains has to be computed only by reference to provisions of Section 112(1)(c)(iii), without giving effect to the first and second provisos to Section 48.
Legatum Ventures Limited Vs Asstt. Commissioner of Income Tax
(2023) TaxCorp(LJ) 31429 (ITAT-MUMBAI) · Section 112(1)(c)(iii)
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The contract between the Assessee and contracting banks are principal to principal basis and there is no direct connection with the credit card agencies like Visa or Master.
Cleartrip Pvt. Ltd Vs DCIT
(2023) TaxCorp(LJ) 31421 (ITAT-MUMBAI)
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