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The technical know-how fee obtained via Bajaj Auto Ltd comes beneath the classification of royalty and therefore is qualified for the deduction under Section 80-O of the Income Tax Act, 1961, Mumbai bench of the Income Tax Appellate Tribunal (ITAT) ruled. The taxpayer entered into a technical knowledge agreement with a foreign company called M/s […]
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that damage related to the right to sue is considered a capital receipt and is not subject to taxation. The bench, comprising Amit Shukla (Judicial Member) and Amarjit Singh (Accountant Member), observed that Section 6 of the Transfer of Property Act explicitly outlines […]
Employees’ contribution to PF/ESI deposited post-due date under the Income Tax Act is not allowable as a deduction under Section 36(1)(va) of the Income Tax Act, 1961, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) stated. The taxpayer, Creative Textile Mills Pvt. Ltd. asks, on which foundation the Commissioner of Income Tax (Appeals) […]
The Income Tax Appellate Tribunal (ITAT), the Mumbai bench recently made a decision to remove an addition made by the assessing officer on an unexplained investment under Section 69 of the Income Tax Act, 1961 without the relevant application of mind. The appellant assessee, Vijaykumar Kanaiyalal Matta, had paid Rs. 1 crore for a property […]
The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has recently ruled that the interest subsidy provided through the Technology Upgradation Fund Scheme is not liable to be taxed as income. According to the bench comprising Kuldip Singh (Judicial Member) and Prashant Maharishi (Accountant Member), even though the interest subsidy received under the technology […]
A 200% penalty could not get imposed until the department establishes misreporting, the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) stated. AO would lose to draw the addition or disallowance he made in quantum assessment under the ken of (a) to (f) of Section 270A (9) of the Act, and the penalty levied […]
The payment for an employee’s contribution to the provident fund post-due date is not permissible as a deduction said the Mumbai Bench of the Income Tax Appellate Tribunal (ITAT). The two-member bench of Sandeep Singh Karhail (Judicial Member) and Om Prakash Kant (Accountant Member) sustained with the decision of the Supreme court for the case […]
Security expenses are not entitled to Tax Deduction at Source under Section 194C of the Income Tax Act of 1961, according to the Mumbai bench of the Income Tax Appellate Tribunal (ITAT). The assessee, M/s ATC Telecom Infra P Ltd, works with telecom operators to provide passive infrastructure. Prior to that, it went under the […]
Under section 271B of the Income Tax Act, 1961, the Mumbai bench of the Income Tax Appellate Tribunal (ITAT) has deleted the tax penalty with respect to Air India Air Transport Services Ltd, a subsidiary of Air India. The taxpayer possesses the Public sector company act and needs to submit its audit report in Form […]
