Mumbai ITAT ruled in favor of Dosti Realty Limited, deleting a ₹2.06 Crore expense disallowance made under Section 154. The Tribunal held that the AO’s contradictory finding of “under assessment” invalidates rectification jurisdiction, and the expense, based on actual estimation, was not a contingent liability.
The ITAT restored a charitable trust’s Section 80G(5) final approval application, ruling that rejection solely due to selecting the wrong sub-clause in the online Form 10AB was an error. The Tribunal held that such a technical mistake is curable and not grounds for outright dismissal.
ITAT Mumbai upholds CIT(A)’s decision to restrict lakh addition to 1% in a client code modification case, ruling the assessee acted solely as a broker, not a beneficiary.
ITAT Mumbai orders AO to re-investigate crore unexplained cash deposits in egg trade. CIT(A)’s deletion was reversed due to failure to secure a remand report.
ITAT Mumbai held that discount on issue of Employee Stock Option Plan [ESOP] is allowable as deduction in computing income under the head profits and gains of the business. Accordingly, appeal of revenue dismissed and order of CIT(A) upheld.
ITAT Mumbai allowed the appeal in Samir N. Shah Vs ITO, holding that penalty u/s 271(1)(c) for concealment or inaccurate particulars cannot be levied when the underlying income addition is made solely by estimating a gross profit rate on alleged bogus purchases, in the absence of concrete evidence like seized material or cash transactions.
The ITAT ruled that a claimed business loss on the sale of a scrip, allegedly part of a penny stock syndicate, was genuine and allowable. The ruling emphasized that transactions supported by complete documentation (contract notes, demat, bank statements) and where no tax-exempt capital gain was claimed cannot be disallowed merely based on a general modus operandi or third-party information.
The ITAT held a reassessment under sections 144/147 void due to the absence of a mandatory 143(2) notice. Revenue’s claim that participation cures defects under 292BB was rejected, emphasizing strict compliance with statutory notice requirements.
This ruling invalidates an income tax addition that relied entirely on electronic data (an excel sheet) seized from a third party without the mandatory certificate under Section 65B of the Evidence Act. The ITAT stressed that in the absence of corroborative evidence, clear linking of the assessee to the data, and providing due process, the addition made was illegal and unsustainable in law.
Shringar Developers wins ITAT appeal. Tribunal rules that higher taxable interest than expense negates Section 14A disallowance. Interest on capital contribution to firm held for commercial expediency under Section 36(1)(iii).
