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ITAT Mumbai

Advance from Customers Not Section 68 Income; Powers of CIT(A) Parallel to AO’s

April 3, 2024 636 Views 0 comment Print

In the case of ITO Vs Raj Maitry & Eskon Developer, ITAT Mumbai decides advance received from customers isn’t income under section 68. Detailed analysis of the ruling.

Commission cannot be disallowed merely for increase in Rate of Commission 

April 2, 2024 417 Views 0 comment Print

Learn how ITAT Mumbai overturned a decision to disallow excessive commission paid by Srinathji Yamunaji Enterprises, citing lack of evidence and business necessity.

Section 68 Addition Unjustified if Shares’ Purchase & Sale Validated by Evidence: ITAT Mumbai

April 2, 2024 1050 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act unsustainable as assessee has established the genuineness of purchase and sale of shares by producing documentary evidence and transaction of purchase and sale of shares is done via banking channel.

Expenditure towards ESOP is allowable u/s 37(1) of Income Tax Act: ITAT Mumbai

April 2, 2024 1038 Views 0 comment Print

ITAT Mumbai held that the ESOP expenses claimed by the assessee is an allowable expenditure under section 37(1) of the Income Tax Act.

Unutilized CENVAT Credit to be Included in Closing Stock Value: ITAT Mumbai

March 31, 2024 471 Views 0 comment Print

Gold Plus Toughened Glass Ltd. appeals ITAT Mumbai’s decision confirming addition of unutilized CENVAT credit to closing stock value as per IT Act.

Liability of Directors after Company Dissolution: ITAT Upholds Notice u/s 148

March 30, 2024 1311 Views 0 comment Print

Chandan Realtors Pvt. Ltd vs ITO (ITAT Mumbai) case analyzed. Liability of directors post company dissolution upheld. Read the detailed analysis and conclusion here.

No Disallowance of PF & ESI Payments made before due date of filing Income Tax Return

March 30, 2024 3507 Views 0 comment Print

In Coronation Cigar Co. Vs DCIT (ITAT Mumbai), payments towards PF and ESI made before the due date of filing Income Tax Return are not disallowed under section 139(1) of the Act. Read the detailed analysis here.

Allowability of Interest Cost of amount utilized for Investment in Shares

March 30, 2024 684 Views 0 comment Print

JPR Investments vs ACIT (ITAT Mumbai): Interest cost can’t be claimed as business expenditure for shares investment, directs recompute of STCG.

Section 271(1)(c) penalty based on estimated addition & Defective notice is unsustainable

March 30, 2024 714 Views 0 comment Print

Read how ITAT Mumbai ruled in Jatin Enterprises vs ACIT case, quashing a penalty notice containing concealed and inaccurate income particulars.

ITAT Mumbai upholds addition of 12.5% of profit element confirmed by NFAC

March 28, 2024 2403 Views 0 comment Print

ITAT Mumbai affirms 12.5% profit addition confirmed by NFAC in ITO Vs Rajesh Amulakhrai Sanghvi case for AY 2009-10. Detailed analysis of the order and its implications.

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