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The tax liability on capital gains arises only in the year of transfer as per Section 45 which has not been examined.
Abbasbhai A. Upletawala Vs Income Tax Officer
(2022) TaxCorp(LJ) 30315 (ITAT-MUMBAI)
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An assessment order passed in the name of non-existent entity is void ab initio and liable to be quashed.
State Bank of India Vs DCIT
(2022) TaxCorp(LJ) 30311 (ITAT-MUMBAI)
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Taxability of IDR dividend fails in terms of provisions of India-Mauritius DTAA and the provisions of DTAA being more beneficial to Assessee will override the provisions of domestic law.
Barclays Capital Mauritius Limited Vs Asstt. Commissioner of Income Tax (IT)
(2022) TaxCorp(LJ) 30308 (ITAT-MUMBAI)
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Section 68 is applicable to amounts outstanding on credit purchases by rejecting Assessee’s ‘self-serving statements, based on sweeping generalizations, unverified statements, and without any supporting evidence’ as unacceptable.
Solid Machinery Co Pvt Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 30291 (ITAT-MUMBAI) · Section 68
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Just because an assessee has raised a claim by way of an additional ground of appeal before the Tribunal, it does not necessarily mean that the delay is attributable to the assessee.
Grasim Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30290 (ITAT-MUMBAI)
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DRP can pass order of rectification under Rule 13 of DRP Rules within six months from the end of the month in which the order was passed.
Michael Page International Recruitment Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30279 (ITAT-MUMBAI)
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Discount allowed by Vodafone Idea Ltd. to distributors on sale of pre-paid sim cards/recharge vouchers does not attract the provisions of Section 194H.
Vodafone Idea Ltd Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30247 (ITAT-MUMBAI)
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The language employed in Section 12AB does not suggest that while granting registration under Section 12A, CIT(E) is empowered to stipulate any conditions subject to which registration shall be granted.
Chamber of Indian Charitable Trusts Vs PCIT
(2022) TaxCorp(LJ) 30227 (ITAT-MUMBAI) · Sections 12AB, 80G
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If the Revenue passes an adverse order, the coercive action against the Assessee shall not be taken for two weeks from the service of such order so that the Assessee can take the remedial measures against such order.
eBay Singapore Services Pvt Ltd Vs Deputy Commissioner of Income Tax (IT) 2(2)(1)
(2022) TaxCorp(LJ) 30195 (ITAT-MUMBAI)
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In the present case, undisputedly, Assessee earned franchise fee in the course of its business, thus, the same was assessable as business income which can be set off against the brought forward business losses.
Channel V Music Networks Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30186 (ITAT-MUMBAI)
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Assessee furnished various documents including cash book and bank statements for the whole year to explain the nature and source of cash deposits and three of the customers from whom amount was claimed to have been received by Assessee appeared before the Revenue confirming the payment.
Jet Freight Logistics Limited Vs Commissioner of Income Tax Appeal (NFAC)
(2022) TaxCorp(LJ) 30176 (ITAT-MUMBAI)
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The interest income derived by a co-operative society by way of investment made with a co-operative bank is eligible for deduction under section 80P(2)(d).
Palm Court M Premises Cooperative Society Limited Vs Principal Commissioner of Income tax
(2022) TaxCorp(LJ) 30173 (ITAT-MUMBAI) · Section 80P
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The ITAT has inherent powers of granting a stay on demand in fit and deserving cases, which is ancillary and incidental to its appellate powers.
Hindustan Lever Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 30165 (ITAT-MUMBAI)
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Even if Assessee’s income remained Nil after the adjustments, such adjustments constitutes as requisite variation in the income returned by Assessee under Section 144C.
J. P. Morgan India Investment Company Mauritius Limited Vs ACIT-3(1)(1)
(2022) TaxCorp(LJ) 30157 (ITAT-MUMBAI)
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The book value of the liability shown in the balance sheet has to be reduced for the purpose of valuation and determination of FMV of unquoted equity shares.
Mystical Infaratech Pvt. Ltd Vs Income Tax Officer
(2022) TaxCorp(LJ) 30155 (ITAT-MUMBAI) · Section 56(2)(viia)
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Asssessee is directed to show the identity and creditworthiness of the subscribers of the share capital to examine the genuineness of the transaction.
Glowshine Builders & Developers Pvt. Ltd Vs ITO
(2022) TaxCorp(LJ) 30129 (ITAT-MUMBAI) · Section 68
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Rule 128(9) provides that the statement in Form No. 67 and shall be furnished on or before the due date specified for furnishing the return of income under Section 139(1).
Sonakshi Sinha Vs Commissioner of Income- tax (Appeals), National Faceless Appeal Centre (NFAC)
(2022) TaxCorp(LJ) 30128 (ITAT-MUMBAI)
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Assessee to be eligible to the benefits of indexation on entire cost of acquisition from the date of allotment of flats despite the fact that the payment was made in instalments subsequent to the date of allotment.
Nitin Parkash Vs Dy. Commissioner of Income Tax
(2022) TaxCorp(LJ) 30124 (ITAT-MUMBAI)
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Exceptional losses incurred by the Assessee amounting to Rs.95.69 Cr on account of certain trades of referred clients cannot be allowed as deduction.
Aditya Birla Money Mart Limited Vs DCIT
(2022) TaxCorp(LJ) 30099 (ITAT-MUMBAI)
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CIT(A) is required to decide additional ground on merits even through the said ground was earlier rejected by PCIT under revisionary jurisdiction stipulated in Section 264.
Granada Investments & Finance Pvt Ltd (Formerly known as M/s Granada Energy Systems Pvt Ltd) Vs Deputy Commissioner of Income-tax
(2022) TaxCorp(LJ) 30079 (ITAT-MUMBAI)
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