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We do not find any infirmity in the order of the learned principal Commissioner of income tax in invoking jurisdiction u/s 263 of the income tax act.
ICICI BANK LIMITED VERSUS THE DY. COMMISSIONER OF INCOME-TAX-2 (3) (1) , MUMBAI
(2022) TaxCorp(LJ) 28569 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=96016&Category=ITAT&CategoryType=Zip
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The fees were inevitable and were paid to determine the FSI available in order to determine the area to be transferred to MCGM and MHADA in accordance with the development control regulation without which it would not have been possible to transfer the development rights.
Standard Industries Limited Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28553 (ITAT-MUMBAI)
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Unless, there is change in law or facts and circumstances of the case, contrary view cannot be taken on the issue that has attained finality in earlier assessment years and the fundamental aspect permeates in different years.
ACIT-2 (2) (1) MUMBAI VERSUS JAYANT DATTATRAY MHAISKAR
(2022) TaxCorp(LJ) 28550 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95970&Category=ITAT&CategoryType=Zip
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In the present case although Late Jitendra Mehta has made disclosure in his statement dated 26/27th July 2011 recorded u/s 132(4) on being questioned about the various allegations but from the record we do not find any evidence that the Late Jitendra Mehta had entered into a transaction for sale of Bhoslewadi property.
ROHAN MEHTA {LEGAL HEIR OF LATE JITENDRA MEHTA} VERSUS DCIT, CENTRAL CIRCLE – 47, MUMBAI
(2022) TaxCorp(LJ) 28535 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95965&Category=ITAT&CategoryType=Zip
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We find the basis of allocation of various expenses has been clearly given by the assessee for each of the segments
M/S TELEPERFORMANCE GLOBAL SERVICES PVT. LTD. (FORMERLY KNOWN AS ‘INTELENET GLOBAL SERVICES PVT. LTD., MUMBAI AND PRIOR TO THAT KNOWN AS SERCO BPO PVT. LTD) VERSUS THE ASSISTANT COMMISSIONER OF INCOME TAX-12 (2) (2) MUMBAI
(2022) TaxCorp(LJ) 28529 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95950&Category=ITAT&CategoryType=Zip
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Rejection of RPM method adopted by the assessee was incorrect, and learned CIT(A) has rightly reversed the said action.
DIESEL FASHION INDIA RELIANCE PVT. LTD. VERSUS ASSISTANT COMMISSIONER OF INCOME TAX, 3 (1) (1) MUMBAI, DEPUTY COMMISSIONER OF INCOME TAX, 3 (1) (1) MUMBAI
(2022) TaxCorp(LJ) 28527 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95956&Category=ITAT&CategoryType=Zip
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Transponder charges paid to non-residents was not taxable as royalty.
Viacom 18 Media Private Limited Vs The Asst. Commissioner of Income Tax
(2022) TaxCorp(LJ) 28524 (ITAT-MUMBAI)
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When an assessment framed by the ld. AO is unsustainable in the eyes of law, the said invalid and illegal order cannot be subject matter of section 263 proceedings.
Aishwarya Rai Bachchan Vs The Pr. CIT-8
(2022) TaxCorp(LJ) 28521 (ITAT-MUMBAI)
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Rate of tax provided in the tax treaty cannot be enhanced by including surcharge and education cess separately.
Renaissance Services BV Vs Deputy Director of Income Tax (International Taxation)-2(1)
(2022) TaxCorp(LJ) 28520 (ITAT-MUMBAI)
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We find merit in the additional grounds challenging validity of assessment order passed by Addl.CIT without proper authorization.
TATA COMMUNICATIONS LTD. (FORMERLY VIDESH SANCHAR NIGAM LTD.) VERSUS ADDITIONAL COMMISSIONER OF INCOME TAX, RANGE 1 (3) , MUMBAI AND THE DCIT -1 (3), MUMBAI
(2022) TaxCorp(LJ) 28505 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95914&Category=ITAT&CategoryType=Zip
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A pedantic interpretation to the book profit as mentioned in the Explanation would be an antithesis to the purpose, for which it was enacted by the legislature and would result in absurdity and contradictions.
Everest Kanto Cylinder Ltd Vs Asst. CIT (LTU)-2
(2022) TaxCorp(LJ) 28503 (ITAT-MUMBAI)
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Rate of tax provided in the tax treaty cannot be enhanced by including surcharge and education cess separately.
M/S. RENAISSANCE SERVICES BV C/O. BMR & ASSOCIATES LLP BMR HOUSE VERSUS DEPUTY DIRECTOR OF INCOME TAX, DEPUTY DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION) - 4 (1) (1)
(2022) TaxCorp(LJ) 28499 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95882&Category=ITAT&CategoryType=Zip
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Once the requisite documents such as PAN/ Bank statements etc are filed by the Assessee, the onus shifts on the department to prove that the share capital subscription is genuine.
Lotus Logistics & Developers Ltd Vs Deputy Commissioner of Income Tax
(2022) TaxCorp(LJ) 28491 (ITAT-MUMBAI)
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One residential house may consist of several independent units and that cannot be factor to disallow claim made under Section 54/54F.
Dipti Nalin Parikh Vs ITO-17(1)(4)
(2022) TaxCorp(LJ) 28483 (ITAT-MUMBAI) · Section 54
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When the assessee has furnished the required details relating to the expenditure claimed, there is no justifiable reason to disallow even a part of it.
PROCTER & GAMBLE HEALTH LIMITED (FORMERLY KNOWN AS MERCK LTD) VERSUS THE ASSTT. COMMISSIONER OF INCOME-TAX-7 (1) (1) , MUMBAI
(2022) TaxCorp(LJ) 28473 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95788&Category=ITAT&CategoryType=Zip
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No liability in respect of interest expenses pertaining to project B was accrued, hence it is not allowable in the year under consideration.
M/S FORTUNE RPJ DEVELOPERS VERSUS ACIT, CIRCLE-1, THANE
(2022) TaxCorp(LJ) 28472 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95790&Category=ITAT&CategoryType=Zip
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There is no infirmity in the order of The ld CIT (A) in holding that payment by assessee to a foreign company for utilization of transponder centered on a satellite is not in the nature of Royalty in terms of various Article of above Three DTAAs.
THE ASST. COMMISSIONER OF INCOME TAX (INTL. TAXATION) , 4 (3) (1) , MUMBAI VERSUS M/S VIACOM 18 MEDIA PVT. LTD.
(2022) TaxCorp(LJ) 28469 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95806&Category=ITAT&CategoryType=Zip
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The consideration received by the assessee on sale of transferable development rights not chargeable to tax under the head capital gain in view of the fact that there is no cost of acquisition.
Kirit Raojibhai Patel Vs The Income Tax Officer
(2022) TaxCorp(LJ) 28460 (ITAT-MUMBAI)
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No adjustment to ALP is required to be made in the instant case in respect of import of finished goods in either case. Accordingly, the adjustment made is hereby directed to be deleted.
M/S KELLOGG INDIA PRIVATE LIMITED VERSUS THE ASST. COMMISSIONER OF INCOME TAX 15 (2) (1) MUMBAI
(2022) TaxCorp(LJ) 28458 (ITAT-MUMBAI) · https://taxcorp.in/FileOpenDT.aspx?ID=95768&Category=ITAT&CategoryType=Zip
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Application of Section 69C is far-fetched.
EIPR India Pvt. Ltd Vs ACIT
(2022) TaxCorp(LJ) 28450 (ITAT-MUMBAI) · Section 69C
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