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Landmark Rulings

ITAT Mumbai — Direct Tax

2,421 rulings

  1. ITAT Mumbai · 25 Mar 2023
    Where the final assessment order is passed beyond prescribed time limit the same is liable to be quashed.

    APM Terminals India Private Limited Vs The Deputy Commissioner of Income Tax

    (2023) TaxCorp(LJ) 31216 (ITAT-MUMBAI) · Section 144C(13)

  2. ITAT Mumbai · 20 Mar 2023
    CC Ltd is eligible to claim additional depreciation under Section 32(1)(iia) on the assets acquired in earlier AY.

    ACC Limited Vs Addl. CIT – LTU

    (2023) TaxCorp(LJ) 31192 (ITAT-MUMBAI)

  3. ITAT Mumbai · 18 Mar 2023
    Payment received by a US based entity for providing access to Microsoft software to its group companies does not amount to royalty under the domestic law as well as India-US DTAA.

    Atos IT Solutions and Services Inc Vs DCIT (IT)

    (2023) TaxCorp(LJ) 31183 (ITAT-MUMBAI)

  4. ITAT Mumbai · 18 Mar 2023
    AO is duty bound to carry out the verifications and examine the documents furnished by the Assessee in compliances with the directions of DRP.

    DSV Air & Sea Pvt.Ltd Vs Additional/Joint/Deputy/Assistant Commissioner of Income Tax/ Income-tax Officer, The National Faceless Assessment Centre

    (2023) TaxCorp(LJ) 31182 (ITAT-MUMBAI)

  5. ITAT Mumbai · 17 Mar 2023
    The buying and selling of the NCDs was made for commercial consideration and business exigency, to preserve the business reputation and the primary source of business, thus allowable as business loss.

    Deutsche Asset Management India P. Ltd Vs Asst CIT CIR 2(1) (1)

    (2023) TaxCorp(LJ) 31169 (ITAT-MUMBAI)

  6. ITAT Mumbai · 16 Mar 2023
    While computing capital gains arising on transfer of a capital asset received by the Assessee under a will, the indexed cost of acquisition has to be computed with respect to the year in which the first owner held the asset.

    Sohrab Fali Mehta Vs Income Tax Officer

    (2023) TaxCorp(LJ) 31162 (ITAT-MUMBAI)

  7. ITAT Mumbai · 16 Mar 2023
    In view of the transitional provisions stipulated in ICDS-III, retention money related to the construction contracts commenced before Mar 31, 2016 should be recognized in accordance with the method regularly followed by the Assessee.

    Hindustan Construction Company Limited Vs DCIT

    (2023) TaxCorp(LJ) 31160 (ITAT-MUMBAI)

  8. ITAT Mumbai · 15 Mar 2023
    Payments made by Assessee to its parent company in Dubai under general and administrative service agreement is neither business income nor fee for technical services.

    ITP Publishing India Pvt. Ltd Vs ACIT

    (2023) TaxCorp(LJ) 31159 (ITAT-MUMBAI)

  9. ITAT Mumbai · 15 Mar 2023
    There is no legal or valid reason to add the alleged loss arising from alleged Ready Forward transactions.

    Standard Chartered Bank Vs DCIT

    (2023) TaxCorp(LJ) 31158 (ITAT-MUMBAI)

  10. ITAT Mumbai · 04 Mar 2023
    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)

  11. ITAT Mumbai · 28 Feb 2023
    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

  12. ITAT Mumbai · 25 Feb 2023
    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)

  13. ITAT Mumbai · 24 Feb 2023
    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)

  14. ITAT Mumbai · 18 Feb 2023
    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

  15. ITAT Mumbai · 17 Feb 2023
    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)

  16. ITAT Mumbai · 14 Feb 2023
    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)

  17. ITAT Mumbai · 11 Feb 2023
    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)

  18. ITAT Mumbai · 10 Feb 2023
    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)

  19. ITAT Mumbai · 28 Jan 2023
    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)

  20. ITAT Mumbai · 28 Jan 2023
    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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