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ITAT Mumbai

Imposition of penalty u/s. 271(1)(c) requires verification of additional evidence hence matter remanded

September 26, 2025 513 Views 0 comment Print

ITAT Mumbai held that additional evidence demonstrating that no tax advantage accrued to assessee owing to continuous losses needs verification. Accordingly, matter of imposing penalty u/s. 271(1)(c) remanded back.

ITAT Mumbai Allows Interest Netting for Loan to Spouse, Deletes Disallowance Under Section 57

September 25, 2025 630 Views 0 comment Print

Tribunal held that a personal loan taken against mortgage was advanced to the spouse with interest, and netting of interest paid and received is allowed under Section 57. Disallowance of ₹7.68 lakh was deleted.

ITAT Mumbai Deletes ₹14.5 Crore Loan Additions After Assessee Submits PAN, Bank & ITR Details

September 25, 2025 615 Views 0 comment Print

ITAT Mumbai deletes ₹14.5 Cr addition u/s 68 on unsecured loans, ruling onus shifts to Revenue once taxpayer provides PAN, bank statements, and ITRs of lenders.

ITAT Mumbai Allows Condonation for Rotary Trust’s 12A Re-Registration Error

September 25, 2025 1089 Views 0 comment Print

ITAT Mumbai grants relief to a Rotary Trust, ruling a bona fide error in filing Form 80G instead of 12A justifies condonation of delay for re-registration and Section 11 exemption.

Finance Lease Principal is Capital Recovery – Not Taxable Income: ITAT Mumbai

September 25, 2025 429 Views 0 comment Print

ITAT Mumbai rules that the principal component of a finance lease is a capital recovery, not taxable income. Surrendered depreciation requires exclusion of principal to avoid double taxation.

ITAT Mumbai Sets Aside Ex-Parte Penalty, Orders Fresh Hearing of 271(1)(b) Appeal

September 25, 2025 387 Views 0 comment Print

ITAT Mumbai set aside the ex parte dismissal of a Trust’s Section 271(1)(b) penalty appeal. Tribunal mandated a fresh hearing, citing pending Section 144 assessment and natural justice.

Charter Hire Charges: Royalty or Section 44BB Income? Mumbai Tribunal Orders DRP to Reconsider

September 25, 2025 390 Views 0 comment Print

ITAT Mumbai set aside DRP directions for Celestial Vision Ltd, ruling the DRP mixed up facts, failed to address 44BB applicability, and mistakenly discussed Section 147 reopening procedures.

ITAT Mumbai Remands ₹5.9 Crore Profit Addition Case, Orders ₹25,000 Cost Payment

September 25, 2025 336 Views 0 comment Print

ITAT Mumbai set aside ex-parte assessment and appellate orders against the assessee for AY 2022-23. The matter is restored to the Assessing Officer for fresh adjudication, with the assessee directed to pay ₹25,000 to the PM Relief Fund.

Referral Commissions Not Insurance Commission: ITAT Deletes 40(a)(ia) Addition

September 25, 2025 732 Views 0 comment Print

ITAT Mumbai ruled that referral payments made by an individual insurance agent to unlicensed persons do not fall under TDS provisions of Section 194D. Arbitrary disallowance of such commissions was deleted.

Mumbai ITAT Deletes ₹7 Lakh Section 69 Addition for Non-Resident Assessee

September 24, 2025 681 Views 0 comment Print

ITAT Mumbai deleted a Rs.7 lakh addition made to a non-resident Indian, ruling that his explanation for property investment was plausible, with funds sourced from NRE account withdrawals and jewelry sales.

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