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Landmark Rulings

ITAT Mumbai — Direct Tax

2,421 rulings

  1. ITAT Mumbai · 01 Dec 2022
    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)

  2. ITAT Mumbai · 26 Nov 2022
    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)

  3. ITAT Mumbai · 26 Nov 2022
    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

  4. ITAT Mumbai · 22 Nov 2022
    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)

  5. ITAT Mumbai · 19 Nov 2022
    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)

  6. ITAT Mumbai · 16 Nov 2022
    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

  7. ITAT Mumbai · 12 Nov 2022
    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)

  8. ITAT Mumbai · 12 Nov 2022
    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)

  9. ITAT Mumbai · 11 Nov 2022
    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)

  10. ITAT Mumbai · 10 Nov 2022
    There was no forwarding, not even an effort to forward, the draft assessment order to the correct address, or at least the address furnished to the Revenue under proviso to Rule 127(2), within the permitted time frame.

    DSV Solutions Pvt Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30398 (ITAT-MUMBAI)

  11. ITAT Mumbai · 10 Nov 2022
    Once the principal liability itself is adequately protected or discharged, it cannot be said that the vicarious liability survives.

    ICICI Securities Limited Vs Income Tax Officer

    (2022) TaxCorp(LJ) 30397 (ITAT-MUMBAI)

  12. ITAT Mumbai · 05 Nov 2022
    AO made adequate enquiries with regard to the Shareholders Account during the course of assessment proceedings and invocation of revisionary jurisdiction by PCIT under Section 263 was grossly incorrect and liable to be quashed.

    Tata AIA Life Insurance Company Ltd Vs Pr. Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30374 (ITAT-MUMBAI)

  13. ITAT Mumbai · 05 Nov 2022
    Since the transaction of purchase of the property were duly registered, even the cancellation of the same has to be done through a registered cancellation deed.

    Seema Promoters and Builders Pvt. Ltd Vs Dy.CIT

    (2022) TaxCorp(LJ) 30371 (ITAT-MUMBAI) · Section 43CA

  14. ITAT Mumbai · 05 Nov 2022
    For the purpose of Section 10A the quantum of deduction is required to be computed taking into account the profits of the business.

    Uni-Design Jewellery Pvt. Ltd Vs Dy. CIT

    (2022) TaxCorp(LJ) 30368 (ITAT-MUMBAI) · Section 10A

  15. ITAT Mumbai · 02 Nov 2022
    Assessee being a non-resident can only be asked to file the details with respect to the income falling under Section 5(2).

    Manish Vjay Mehta Vs The DCIT

    (2022) TaxCorp(LJ) 30346 (ITAT-MUMBAI)

  16. ITAT Mumbai · 02 Nov 2022
    Mere pendency of appeal against a binding judicial precedent, in a higher judicial forum does not dilute, curtail or otherwise narrow down its binding nature.

    Luxora Infrastructure Pvt Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30345 (ITAT-MUMBAI)

  17. ITAT Mumbai · 02 Nov 2022
    If Revenue once allowed the deduction for the depreciation, then it is debarred to reject the depreciation claim in the subsequent year on the WDV carried forward from the earlier AY.

    Man Industries (India) Limited Vs ACIT

    (2022) TaxCorp(LJ) 30344 (ITAT-MUMBAI)

  18. ITAT Mumbai · 01 Nov 2022
    In the hierarchical judicial system that we have, the better wisdom of the Court below has to yield to the higher wisdom of the Court above.

    Wockhardt Limited Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30336 (ITAT-MUMBAI) · Section 144C

  19. ITAT Mumbai · 31 Oct 2022
    There must exist a fixed place of business in India through which the business is carried out in India whereas it is not even the case that any particular premises were at the disposal of the Assessee.

    RGA International Reinsurance Company Limited Vs Assistant Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30329 (ITAT-MUMBAI)

  20. ITAT Mumbai · 29 Oct 2022
    There is no dispute on Assessee's entitlement for the benefit of exemption under Article 13(4) of the DTAA in respect of short/long term capital gains.

    Swiss Finance Corporation (Mauritius), Ltd Vs Deputy Commissioner of Income Tax

    (2022) TaxCorp(LJ) 30319 (ITAT-MUMBAI)

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