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ITAT Mumbai

Deemed notional rent in respect of unsold flats held as stock in trade applicable wef AY 2018-19

July 5, 2022 3831 Views 0 comment Print

Sheth Developers Private Limited Vs DCIT (ITAT Mumbai) It is not in dispute that the unsold flats lying in the balance sheet with the assessee were held as stock in trade by the assessee. It is not in dispute that the sale of flats shall be assessable as business income in the hands of the […]

Article 7 cannot come into play unless interest income is directly or indirectly attributable to PE

June 29, 2022 525 Views 0 comment Print

On the facts of this case, however, all that the Assessing Officer has indicated is that the assessee had a permanent establishment (PE) in India during the relevant period and that there was presumably some connection between the interest income of the assessee and the existence of the permanent establishment.

Shares, being tangible assets, depreciation not allowable u/s 32(1)(ii)

June 29, 2022 1815 Views 0 comment Print

Shares are financial assets classified as tangible assets because they derive value from contractual claims. Hence, the same is not depreciable u/s 32 (1) (ii) of The Act.

No section 271(1)(b) Penalty if assessment completed under section 143(3)

June 28, 2022 2079 Views 0 comment Print

Explore the ITAT Mumbai decision in Swati Jignesh Jain vs. ITO regarding the imposition of penalty u/s. 271(1)(b). Learn how the AO deemed condonation of the assessee absence influenced the verdict.

Section 263 jurisdiction cannot be exercised for substituting other possible view

June 28, 2022 336 Views 0 comment Print

Explore the case of Mahesh Arvind Tilve vs. PCIT (ITAT Mumbai) where the validity of the assessment is questioned. Assess the jurisdictional challenges and the significance of cash transactions.

No Section 271AAB Penalty if Search Proceedings were not initiated on assessee

June 28, 2022 468 Views 0 comment Print

Explore the ITAT Mumbai decision in Ramavatar Mandavewala vs. JT.CIT regarding the applicability of penalty under Section 271AAB for undisclosed cash. Detailed analysis and conclusion.

When sales are not in doubt, then 100% disallowance for bogus purchases cannot be made

June 28, 2022 1365 Views 0 comment Print

ITAT ruled that when sales are not in doubt, then 100% disallowance for bogus purchases cannot be made and relied on Hon’ble jurisdictional High Court in Nikunj Eximp Enterprises Pvt Ltd 372 ITR 619 (Bom) and Principal Commissioner of Income-tax vs M. Haji Adam & Co Income Tax Appeal No.1004 of 2016 dated 11/2/2019.

Disallowance of foreign exchange loss on buyer’s credit- ITAT remanded matter back to AO

June 28, 2022 375 Views 0 comment Print

Explore the detailed analysis of K. Uttamlal & Company vs ACIT case regarding disallowance of foreign exchange loss on buyer credit. Learn the legal perspective and the final verdict.

Disallowance u/s 36(1)(va) deleted in absence of adequate intimation

June 28, 2022 1401 Views 0 comment Print

Disallowance on delay in payment toward employee’s contribution to PF u/s 36(1)(va) via u/s 143(1) deleted in absence of adequate intimation to the assessee.

Carry forward of capital loss, claimed via return filed u/s 153A, is unsustainable

June 28, 2022 603 Views 0 comment Print

Short term capital loss not claimed while filing return u/s 139(1). Loss was claimed for the first time via return u/s 153A. Claim denied according to provisions of section 80.

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