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ITAT Mumbai

Denial of exemption u/s 10(34) and 10(35) for dividend and mutual fund income by invoking Sections 13(1)(d) and 13(2)(h) was unjustified

November 12, 2025 438 Views 0 comment Print

Assessee, being a charitable trust registered under Section 12A, was entitled to exemption under Sections 10(34) and 10(35) for dividend and mutual fund income therefore, denial of exemption by invoking Sections 13(1)(d) and 13(2)(h) was unjustified

Identity Proved, Genuineness Unclear: ITAT Remands ₹50 Lakh Loan Case to AO

November 12, 2025 750 Views 0 comment Print

The ITAT Mumbai remanded a ₹50 lakh addition case after finding that a business loan was omitted from audited accounts and required further verification.

Notional Rent on Unsold Stock Must Follow MRV-ITAT Mumbai Sends Issue Back to AO

November 11, 2025 687 Views 0 comment Print

Tribunal held that notional rent on unsold flats treated as stock-in-trade cannot be taxed under Income from House Property. The ruling clarifies that only actual rental income or sale proceeds are taxable, protecting developers from arbitrary assessments.

Singapore entity not conduit, satisfies PPT test; Grants LTCG exemption: ITAT Mumbai

November 11, 2025 1377 Views 0 comment Print

Tribunal held that tax authorities erred in invoking Article 24A to deny capital gains exemption under Article 13(4A) without first satisfying preconditions of economic substance. The decision underscores that anti-abuse provisions cannot override bona fide investments made before 2017.

Inadvertent filing of Form 10-IB instead of 10-IC cannot take away benefit u/s. 115BAA

November 11, 2025 1194 Views 0 comment Print

ITAT Mumbai held that benefit under section 115BAA of the Income Tax Act cannot be denied for inadvertent filing of Form 10-IB in place of Form 10-IC since the same is technical lapse. Accordingly, order of CIT(A) is sustained and appeal of revenue is dismissed.

Revision u/s. 263 quashed as plausible view taken by AO while granting exemption u/s. 54F

November 11, 2025 369 Views 0 comment Print

ITAT Mumbai held that revisionary proceeding under section 263 of the Income Tax Act is liable to be quashed since AO took one of the possible views while allowing claim of deduction under section 54F. Accordingly, order is quashed and appeal is allowed.

Penny Stock Case: ITAT Orders Fresh Hearing for Improper Admission of Evidence

November 11, 2025 507 Views 0 comment Print

ITAT Mumbai set aside CIT(A)’s order for lack of compliance with Rule 46A in a case involving alleged bogus penny stock transactions under Aarya Global Shares.

No Double Tax on Beneficiary When Trust Has Paid Tax: ITAT Mumbai

November 11, 2025 813 Views 0 comment Print

The ITAT Mumbai held that income already taxed in the hands of a trust cannot be taxed again in the hands of its beneficiary, deleting an addition of ₹1.24 crore.

Section 40(a)(ia) Disallowance Doesn’t Nullify TDS Default: ITAT Mumbai

November 11, 2025 993 Views 0 comment Print

Disallowance under section 40(a)(ia) and liability under section 201 operated independently, and assessee could not escape TDS liability merely by making a partial disallowance in its return.

ITAT Upholds ESOP Cost as Business Expense, Sets Aside PCIT 263 Order

November 11, 2025 843 Views 0 comment Print

ITAT Mumbai held that the Assessing Officer made detailed enquiries before allowing ESOP expenditure, invalidating the PCIT’s revision under section 263.

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