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ITAT Mumbai

Bogus Purchase- No addition for amount shown in work in progress

January 19, 2023 1263 Views 0 comment Print

Since Bogus Purchase expenses were shown by assessee under the head work in progress and has not been reflected in the trading account, therefore, no addition can be made.

Furnishing of Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020

January 19, 2023 13440 Views 1 comment Print

Requirement of furnishing audit report in Form No. 10B before due date prescribed in section 44AB mandatory w.e.f. 1.4.2020 only.

Deduction of surcharge or cess not allowable as deduction u/s 40(a)(ii)

January 18, 2023 1023 Views 0 comment Print

ITAT Pune held that surcharge or cess being part of income tax is not allowable as deduction under section 40(a)(ii) of the Income Tax Act.

Income from Restaurant Business can be declared on Presumptive Basis – Section 44AD

January 18, 2023 8079 Views 0 comment Print

Hotel Deepak Vs ACIT (ITAT Mumbai) The brief facts are that the assessee firm is engaged in the restaurant business. Pursuant to the survey action u/s.133A of the Act conducted in the business premises of the assessee dated 22.01.2018, the partner of the assessee firm Shri Chandrakant Ramanna Shetty made a voluntary declaration of Rs.26,27,872/- […]

TPO order passed beyond time limit prescribed u/s 92CA (3A) is barred by limitation

January 17, 2023 3951 Views 0 comment Print

ITAT Mumbai held that as per section 92CA (3A) of the Income Tax Act Transfer Pricing Officer (TPO) is required to pass an order within a period of 60 days prior to the date of completion of assessment as per section 153 of the Income Tax Act. Order passed after the date will be barred by limitation.

Capital gain exemption u/s 54 not deniable as investment made within time limit specified u/s 139(4)

January 17, 2023 4215 Views 0 comment Print

ITAT Mumbai held that capital gain exemption under section 54 of the Income Tax Act cannot be denied as investment was made within the time limit specified under section 139(4) of the Income Tax Act.

Part of manufacturing by outside agency cannot be reason for disallowance of deduction u/s 80IB

January 16, 2023 1062 Views 0 comment Print

ITAT Mumbai held that disallowance of deduction under section 80IB of the Income Tax Act merely because part of manufacturing activities are being done from outside the unit is unsustainable in law.

Purchase of distribution rights of film is capital asset hence loss allowable as STCG

January 16, 2023 1194 Views 0 comment Print

ITAT Mumbai held that investment made for purchase of distribution rights of the film is for the purchase of capital asset and hence loss incurred on the same allowable as ‘short term capital loss’.

Requirement of filing Form 67 is directory in nature

January 16, 2023 1626 Views 1 comment Print

ITAT held that requirement of filing Form 67 is directory in nature which is evident from the fact that Rule 128(9) does not contemplate disallowance of FTC in case of delay in complying with such condition.

No Addition for Cash Deposit during Demonization out of balance before Demonization

January 15, 2023 1968 Views 0 comment Print

Shail Jayesh Shah Vs ITO (ITAT Mumbai) From the copy of the bank statement of Kotak Mahindra Bank, we find that assessee had deposited Rs.6 lakh in cash in 600 old currency notes of Rs. 1000 denomination on 01/12/2016. At a glance, it may appear that since the assessee had sufficient cash in hand amounting […]

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