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ITAT Mumbai

Depreciation not allowable if proof of addition to fixed Assets not submitted

October 5, 2022 2055 Views 0 comment Print

Owens Corning India Pvt. Ltd. Vs ACIT (ITAT Mumbai) We observe that in A.Y. 2006-07 Assessing Officer observed that assessee has claimed depreciation of ₹.93,40,242/- and when the assessee was asked to submit the supporting evidences in support of the above claim, assessee failed to furnish the supporting evidences such as bills, date on which […]

Appeal can be filed only on the basis of order/intimation, against which assessee is aggrieved

October 4, 2022 1245 Views 0 comment Print

An appeal can be filed only on the basis of order/intimation, against which the assessee is aggrieved. In the absence of any such document, it will not be possible for any appellate authority to address the grievance of the assessee

LTCG taxable in year of transfer & not in year of issue of fresh cheques for consideration

October 4, 2022 816 Views 0 comment Print

Gupta Synthetics Ltd Vs DCIT (ITAT Mumbai) It was observed that the assessee had entered into a sale deed dated 13/03/2012 with Numech Synthetics P Ltd for sale of land at Dadra in UT Dadra and Nagar Haveli for a sale consideration of Rs.70 lakhs. A registered agreement dated 13/03/2012 was executed. The assessee contends […]

Cost of improvement not allowable if supporting bills, vouchers not submitted

October 4, 2022 5769 Views 0 comment Print

Late Smt. Bhanuben Dhanji Shah Vs DCIT (ITAT Mumbai) The brief facts of the case pertaining to the issue, as emanating from the record, are: During the course of assessment proceedings, the assessee was asked to submit proof with regard to cost of improvement claim of Rs.81,775, with supporting bills, date of incurring such expenditure, […]

Interest expense on perpetual bonds allowable as deduction

October 3, 2022 2004 Views 0 comment Print

ITAT Mumbai held that mere RBI recognition of debt instrument as additional tier/ capital doesn’t change the nature of perpetual debt instrument. Hence, interest expenses on perpetual bonds, allowable as deduction under Section 36(1)(iii) of the Income Tax Act, 1961

Section 68 Additions Justified if Assessee fails to Prove Genuineness of Unsecured Loan

October 3, 2022 6387 Views 0 comment Print

Where assessee-firm claimed to have received unsecured loans during relevant years, however, it could not prove genuineness of unsecured loan taken and underneath sources for making these investments, addition made by Assessing Officer under section 68 was justified

Indexation benefit on installments paid allowed from flat date allotment

October 2, 2022 30177 Views 2 comments Print

Assessee was entitled to the benefit of indexation on the total cost of acquisition from the year of allotment of flat dehors the fact that assessee had paid installments over a period of time subsequent to the date of allotment.

Income from operating & maintaining IT Park is taxable as business income

October 2, 2022 879 Views 0 comment Print

Income from letting out of premises/developing space along with other facilities in an industrial park, SEZ is taxable under business income

Investigation wing Information cannot be considered as external source information

September 27, 2022 1908 Views 0 comment Print

Information received from Directorate of Income tax (investigation) cannot be considered to be information received from an external source.

Section 234C interest not applies to shortfall in advance tax payment on windfall gain/unexpected income

September 27, 2022 4002 Views 0 comment Print

Hamilton Industries Pvt. Ltd. Vs ITO (ITAT Mumbai) Whether Commissioner of Income Tax (A) erred in conferring the interest of Rs.12,31,304/- under section 234C of the Income tax Act, 1961 without appreciating that the book profit includes capital gain income which arose in 4h quarter therefore the liability to pay advance tax arise only on […]

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