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ITAT Mumbai

No Section 271(1)(c) Penalty on Estimated Additions for Bogus Purchases

August 29, 2025 969 Views 0 comment Print

The ITAT Mumbai ruled that a penalty cannot be levied on additions made on an estimated basis. The case of Khodiyar Impex vs. ITO clarified that a 3% disallowance on alleged bogus purchases doesn’t constitute concealment of income.

Punching Error in ITR No Basis for Section 11(3) Addition: ITAT Mumbai

August 29, 2025 498 Views 0 comment Print

ITAT Mumbai dismisses an appeal from the Income Tax Office, ruling that a charitable trust’s reported income accumulation was a punching error.

Explanation to section 14A inserted vide Finance Act, 2022 is prospective in nature

August 28, 2025 834 Views 0 comment Print

ITAT Mumbai held that the Explanation to section 14A of the Income Tax Act inserted by the Finance Act, 2022 is prospective in nature and cannot be applied to assessment years preceding the amendment. Accordingly, appeal of revenue dismissed.

Book profits u/s. 115JB not to be increased by adding disallowance u/s. 14A

August 26, 2025 414 Views 0 comment Print

ITAT Mumbai held that increasing book profits under section 115JB of the Income Tax Act on account of disallowance u/s. 14A read with rule 8D is not justifiable. Accordingly, appeal of the assessee allowed.

De novo adjudication granted in matter of taxability of industrial promotion subsidy

August 26, 2025 435 Views 0 comment Print

ITAT Mumbai remitted matter of taxability of industrial promotion subsidy back to CIT(A) for de novo meritorious adjudication as details and documents demanded thereon were not furnished by the assessee.

Private discretionary trust liable to pay maximum rate of surcharge of 37%

August 26, 2025 627 Views 0 comment Print

Law prescribes that tax shall be charged on income in respect of which such person is so liable at the maximum marginal rate. There is no provision in the law to charge specific discretionary trust bit lower than the rates of tax and surcharge applicable to a beneficiary individual.

Interest & Penalties on Delayed VAT/GST Deductible u/s 37(1) ITAT Mumbai

August 24, 2025 1395 Views 0 comment Print

ITAT Mumbai held that interest on delayed VAT/GST and penalties for export obligation defaults are deductible u/s 37(1). However, loss on sale of assets was treated as short-term capital loss and could not be set off against business income.

ITAT Mumbai quashes reassessment for sanction by wrong authority

August 24, 2025 582 Views 0 comment Print

ITAT quashes reassessment against Mauritius-based FPI, ruling that sanction from correct authority under section 151 was mandatory.

ITAT Mumbai Quashes Reassessment Notice for Sanction by wrong authority

August 24, 2025 738 Views 0 comment Print

ITAT Mumbai quashes a reassessment notice, ruling it was invalid as the sanction was granted by the wrong authority under Section 151 of the Income-tax Act.

10% Tolerance Limit under Section 50C Applies Retrospectively: ITAT Mumbai

August 23, 2025 1560 Views 0 comment Print

Mumbai ITAT rules 10% tolerance limit under Section 50C is retrospective from 2003, deleting an addition. It also allows deduction for stamp duty paid by seller.

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