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ITAT Mumbai

Late Filing of Audit Report not disentitle Trust from availing Section 11 benefit

August 28, 2022 6327 Views 0 comment Print

Non-filing of Audit Report in Form 10B along with Return of Income is merely a procedural defect which is rectifiable. If the Audit Report was available with the assessee at the time of filing of Return of Income and was not filed due to bonafide reasons the benefit of exemption under section 11 cannot be denied if otherwise assessee is eligible to claim the same.

ITAT allows Exemption on pharmacy income of Charitable hospital

August 27, 2022 1728 Views 0 comment Print

Activity of Chemist / Pharmacy is incidental or ancillary to dominant object or purpose for running a hospital & Tax Exemption allowable.

Appeal not maintainable on Failure of Resolution Professional to Amend Form No. 36A

August 26, 2022 363 Views 0 comment Print

DCIT Vs Housing Development & Infrastructure Ltd (ITAT Mumbai) Coordinate bench in the case of in the case of Orbit Corp Ltd. in ITA No. 2979 to 2981 /Mum/2020 , has held that the resolution professional was required to amend Form No. 36A for further prosecuting the appeal and in absence of which appeals were […]

SEBI Penalty for shortfall in margin money eligible for section 37 Deduction

August 26, 2022 1791 Views 0 comment Print

Penalty charged levied by SEBI related to shortfall in margin money is not for infraction of any law. hence allowable under section 37

Intrinsic value of shares is a reasonable method of ascertaining fair market value of shares

August 26, 2022 2064 Views 0 comment Print

ITAT held that intrinsic value of the shares on the basis of net assets divided by the total number of equity shares is most appropriate.

Section 194C TDS on payment for preparation & execution of advertisement content

August 25, 2022 85158 Views 0 comment Print

Cowtown Software Design Pvt. Ltd. Vs DCIT (TDS) (ITAT Mumbai) It is not in dispute that assessee made payment to Ad agency i.e. Social Kinnect. We find from the perusal of the agreement with Social Kinnect and scope of services defined therein, Social Kinnect would engage various professional artists for preparation and execution of the […]

Furnishing of supporting evidence mandatory to claim TDS credit in absence of TDS certificate

August 24, 2022 2469 Views 0 comment Print

Held that in absence of TDS certificate, assessee has to furnish any other evidence to support deduction of tax at source by the payer of income. TDS credit denied for failure to furnish any other supporting evidence

Charitable Trust Registration – CIT cannot amend Section 12A Provisions

August 20, 2022 1743 Views 0 comment Print

Section 12A provision govern cancellation of Charitable Trust Registration, and these provisions can neither be diluted or supplemented by CIT

Depreciation u/s. 32 available on non-compete fees

August 19, 2022 1503 Views 0 comment Print

Held that non-compete fees, being an intangible asset, paid in accordance with the terms of the agreement is eligible for depreciation u/s 32

AO cannot scrutinize income tax return without issuing Section 143(2) Notice

August 19, 2022 2307 Views 0 comment Print

AO get jurisdiction over return of income only upon service of section 143(2) notice, meaning thereby so AO cannot scrutinize return of income

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