https://www.taxtmi.com/caselaws?id=776409 ITAT Mumbai remanded multiple issues to the AO for verification, including TDS payment on discount claims and year-end provisions. It held that domestic roaming and interconnect charges are not fees for technical services under s. 194J, thus no TDS deduction required. Disallowance u/s 14A was deleted due to absence of exempt income. The Tribunal upheld that no TDS was deductible on prepaid card distributor discounts, following HC precedents. ESOP-related amortization was allowed as expenditure u/s 37(1). Revenue share license fee was restored for fresh consideration as capital expenditure under s. 35ABB, per SC ruling. Depreciation on 3G spectrum was allowed prospectively under s. 32, rejecting retrospective application of s. 35ABA. Write-back of creditors was not taxable u/s 41(1) without prior deduction. Director's commission as prior period expense was allowed following HC precedent. Lease charges disallowance was dismissed for lack of evidence of fraud. Shortfall in TDS deduction was deleted by CIT(A). en-us Thu, 24 Jul 2025 00:00:00 +0530 Fri, 08 Aug 2025 15:52:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=776409 ITAT Mumbai remanded multiple issues to the AO for verification, including TDS payment on discount claims and year-end provisions. It held that domestic roaming and interconnect charges are not fees for technical services under s. 194J, thus no TDS deduction required. Disallowance u/s 14A was deleted due to absence of exempt income. The Tribunal upheld that no TDS was deductible on prepaid card distributor discounts, following HC precedents. ESOP-related amortization was allowed as expenditure u/s 37(1). Revenue share license fee was restored for fresh consideration as capital expenditure under s. 35ABB, per SC ruling. Depreciation on 3G spectrum was allowed prospectively under s. 32, rejecting retrospective application of s. 35ABA. Write-back of creditors was not taxable u/s 41(1) without prior deduction. Director's commission as prior period expense was allowed following HC precedent. Lease charges disallowance was dismissed for lack of evidence of fraud. Shortfall in TDS deduction was deleted by CIT(A). Case-Laws Income Tax Thu, 24 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=776409