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Applicability of Section 50 is limited for working out the cost of acquisition under Sections 48 and 49 for the depreciable asset but the capital gain has to be treated as long term capital gain if the period of holding is more than 3 years.
Reliance Transport & Travels Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 29828 (ITAT-MUMBAI)
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Payments made by Deloitte to its group company in respect of global brand, global communications and global technology/knowledge management is not royalty under Article 12 of India-UK DTAA and thus, not liable for TDS under Section 195.
Deloitte Haskins & Sells LLP Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29819 (ITAT-MUMBAI)
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Rs.121.15 Cr received by a Singapore-based company from its Indian AE for rendering certain business support services is not taxable under India-Singapore DTAA as the services did not make available any technical knowledge or skill to the AE.
NTT Asia Pacific Holdings Pte Ltd Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29811 (ITAT-MUMBAI)
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It is not for CIT(E) to decide as to when and how should cancellation of the registration be made, at the point of time of granting the registration and specific provisions are in place for cancellation of registration.
Bai Navajbai Tata Zoroastrian Girls School Vs Commissioner of Income Tax
(2022) TaxCorp(LJ) 29809 (ITAT-MUMBAI)
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Mere usage of facility provided by Facebook does not render the payments as royalty, since copyright attached to the facility is not parted with.
Interactive Avenues Private Limited Vs DCIT
(2022) TaxCorp(LJ) 29807 (ITAT-MUMBAI)
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Payment made by the Assessee for advertisement in connection with their business falls within the ambit of section 194C and not section 194J.
Cowtown Software Design Pvt. Ltd., (Formerly known as Nabhiraja Software Design Pvt.Ltd.,) Vs DCIT
(2022) TaxCorp(LJ) 29791 (ITAT-MUMBAI) · Sections 194C, 194J
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In the present case, it is not in dispute that the Assessee has made claim for deduction under Section 80P, hence the provisions of sec. 80A(5) are not applicable to the assessee.
Meghana Apartment Cooperative Housing Society Ltd Vs ITO-25( 3)( 1)
(2022) TaxCorp(LJ) 29767 (ITAT-MUMBAI) · Section 80P, 143(1), 80AC
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Relaxation provisions must be interpreted in a liberal and non-pedantic manner, and so as to give full effect to the relaxations permitted by the legislature.
Suminter India Organics Pvt. Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29766 (ITAT-MUMBAI) · Section 115BAA
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Right to be heard contained in Section 250(2)(a) is not a condition precedent for the disposal of appeal on merits in accordance with Section 250(6).
Marvel Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29724 (ITAT-MUMBAI)
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Inland Haulage Charges are inextricably linked to shipping business in international traffic, thus, not taxable as business profit in India.
Avana Global FZCO. Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 29722 (ITAT-MUMBAI)
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Reassessment proceedings were bad in law since the jurisdictional condition is not satisfied in the present case.
Navajbai Ratan Tata Trust Vs Assistant Commissioner of Income Tax
(2022) TaxCorp(LJ) 29707 (ITAT-MUMBAI)
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Once the insolvency proceedings commenced under IBC, all the litigations are to be pursued by Resolution Professional appointed by the Committee of Creditors and not by the company.
Reliance Communications Ltd Vs Addl. Commissioner of Income Tax
(2022) TaxCorp(LJ) 29692 (ITAT-MUMBAI)
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Revenue is not justified in denying exemption under Section 11 where Trust received premium along with rent, which was alleged to be lower than the market rate from a company, whose promoter was one of the Trustees.
Mehta Charity Trust Vs Dy. Director of Income Tax
(2022) TaxCorp(LJ) 29691 (ITAT-MUMBAI) · Section 11
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In the absence of separate orders under Section 120(4)(b) and Section 127, the Addl. CIT / JCIT had no power to perform the functions of an Assessing Officer and frame the assessment where notices under Section 143(2) were issued by ACIT.
Vertiv Energy Pvt. Ltd. Vs Additional Commissioner of Income Tax
(2022) TaxCorp(LJ) 29660 (ITAT-MUMBAI) · Sections 120(4)(b), 127
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What is relevant is not the method of accounting followed by the Assessee but evaluating the actual business of the Assessee and the actual receipts in the business.
Sudhir Mahamunkar Vs Income Tax Officer
(2022) TaxCorp(LJ) 29651 (ITAT-MUMBAI)
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The dividend in question was subjected to DDT and constitutes Assessee’s income even though received by a merchant banker on behalf of the shareholders including the Assessee, under a scheme approved by the High Court.
JP Morgan Funds Vs Deputy Commissioner of Income Tax (IT)
(2022) TaxCorp(LJ) 29650 (ITAT-MUMBAI)
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Even though prima facie the penalty under Section 271D and 271E is attracted, the same cannot be charged since the Assessee has proved that that there is reasonable cause for passing the journal entries.
Macrotech Developers Limited Vs DCIT
(2022) TaxCorp(LJ) 29644 (ITAT-MUMBAI) · Sections 269SS, 269T
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Receipt on sale of carbon credit shall be a capital receipt and not a business receipt or income.
Essel Mining & Industries Limited Vs Dy. CIT
(2022) TaxCorp(LJ) 29643 (ITAT-MUMBAI)
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In terms of Section 176, no proceedings could be initiated against the Assessee including the proceedings before the ITAT since IBC has overriding effect over all the laws including the Income-tax Act.
Mahavir Roads & Infrastructure Pvt. Ltd Vs DCIT
(2022) TaxCorp(LJ) 29642 (ITAT-MUMBAI)
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The method adopted by Assessee is just and proper in accordance with Rule 115.
Anurag Chandra Vs National Faceless Appeal Centre
(2022) TaxCorp(LJ) 29641 (ITAT-MUMBAI)
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