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ITAT Mumbai

Carried forward losses cannot be set-off against exempt capital gains under DTAA

February 8, 2025 534 Views 0 comment Print

ITAT Mumbai ruled on TVF Fund Ltd’s appeal regarding tax loss set-off under DTAA. Key issues include carry-forward losses, taxability, and judicial precedents.

No disallowance u/s. 40(a)(ia) as reimbursement of expense considered as receipts and tax paid thereof

February 8, 2025 81 Views 0 comment Print

ITAT Mumbai held that disallowance under section 40(a)(ia) of the Income Tax Act unjustified when reimbursement of expenses is considered as receipts in total income and tax is paid on the same therefore no disallowance in terms of proviso to section 201.

Interest on delayed Income Tax Refunds arising from excess Self-Assessment Tax allowable

February 8, 2025 150 Views 0 comment Print

As the AO had not allowed certain credits of advance tax, TDS and also interest on excess payment of self-assessment tax, assessee filed an appeal before CIT(A) who issued necessary directions to the AO.

Section 14A disallowance not includible in book profits in terms of Section 115JB 

February 7, 2025 267 Views 0 comment Print

ITAT Mumbai dismissed the Revenue’s appeal in DCIT Vs. Welspun Steel Ltd., ruling that Section 14A disallowance cannot exceed exempt income. Read case details.

Sections 54 & 54F Apply to One Residential House Unless Adjacent Units Form a Single Unit

February 7, 2025 786 Views 0 comment Print

ITAT Mumbai ruled on Neville J Pereira vs. ITO, addressing Section 54 exemption for multiple residential flats. Analysis of capital gains and judicial precedents.

Denial of Right to Be Heard by CIT(A) Violates Natural Justice: ITAT Mumbai

February 6, 2025 357 Views 0 comment Print

ITAT Mumbai sets aside CIT(A) order in Alps Construction’s case, citing lack of effective hearing, and remands the matter for fresh consideration.

Survey Statements cannot be Sole Basis for Addition: ITAT Mumbai

February 6, 2025 408 Views 0 comment Print

ITAT Mumbai held survey statements cannot solely justify income addition without corroborative evidence. Case: DCIT Vs Ahinsa Infrastructure (AY 2014-15).

Rule 8D Disallowance should be Based on Average Investment Value: ITAT Mumbai

February 6, 2025 213 Views 0 comment Print

ITAT Mumbai held that disallowance under rule 8D(2)(ii) r.w.s. 14A of the Income Tax Rules should be made on average value of investment yielding exempt income and not on the basis of quantum of investment based on market value.

Market development expense towards sale of product is revenue expenditure: ITAT Mumbai

February 4, 2025 165 Views 0 comment Print

ITAT Mumbai held that market development expenses towards sale of product is revenue in nature hence denial of same is unsustainable. Accordingly, market development expenses being revenue expenditure is allowed as deduction.

No taxability on Lease Premiums and Rent collected as custodian of State Government

February 3, 2025 138 Views 0 comment Print

Lease premium and other charges received by assessee on behalf of the Government of Maharashtra and the ownership of the land remained with the State Government. Assessee’s role was confined to the development and management of industrial areas.

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