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ITAT Mumbai

Penalty u/s 271(1)(c) leviable as incomes not offered to tax with intention to evade tax

January 9, 2023 6405 Views 0 comment Print

ITAT Mumbai held that penalty under section 271(1)(c) of the Income Tax Act is leviable as incomes were not offered to taxation with a dishonest intention to conceal the income and evade tax.

Payment for consultancy service provided by university is exempt u/s. 10(23C)

January 9, 2023 1269 Views 0 comment Print

ITAT Mumbai held that exemption under Section 10(23C) of the Income Tax Act is available to the payments received for consultancy services provided by university.

Lease rent for vehicle used by employees is revenue in nature

January 8, 2023 6237 Views 0 comment Print

ITAT Mumbai held that lease rental paid in respect of the vehicles used by its employees is revenue in nature and allowable as deduction.

Revisional order u/s 263 not invocable if AO duly applied his mind

January 8, 2023 849 Views 0 comment Print

ITAT Mumbai held that revisional order u/s 263 cannot be invoked if Assessing Officer has conducted enquiries and applied his mind and has taken a possible view of the matter.

Disturbing concluded assessment in search assessment without incriminating material is untenable

January 6, 2023 939 Views 0 comment Print

Held that in respect of concluded assessments, the earlier assessment completed should not be disturbed in the search assessments without existence of any incriminating material.

CIT(E) cannot Impose Conditions on his own While granting Section 80G Registration

January 6, 2023 1245 Views 0 comment Print

CIT(E) lacked jurisdiction to impose any conditions on his own (other than what is stipulated in law) while granting approval under section 80G of Income Tax Act

Matter set aside as facts not examined properly by lower authorities

January 5, 2023 231 Views 0 comment Print

ITAT Mumbai set aside the matter for fresh adjudication as none of the aspects and the relevant facts have been properly looked into and examined by the lower authorities

Disallowance of set off of brough forward loss sustained as return filed beyond time limit

January 5, 2023 2871 Views 0 comment Print

ITAT Mumbai held as books of accounts of assessee are not need to be audited hence return of income has to be filed on or before 31st July As return filed beyond time limit disallowance of set off of brought forward loss sustained.

ICAI guidance for calculating turnover in case of derivatives is valid

January 5, 2023 24600 Views 0 comment Print

Validity of the ICAI guidance for calculating the turnover in case of derivatives has been reiterated by various judicial precedence. ICAI as an expert body of accountants and guidance note on tax audit issued by them can be relied upon in absence of any statutory provision for computation of turnover in such cases.

Non-compete fee taxable under business income

January 4, 2023 6051 Views 0 comment Print

ITAT Mumbai held that the amount of non-compete fee is taxable under section 28(va) of the Income Tax Act under the head ‘Income from Business & Profession’.

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