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ITAT Mumbai

Ex-Parte Order Remanded for Denial of Proper Opportunity: Mumbai ITAT

April 5, 2024 543 Views 0 comment Print

In the case of Mohd Shahid Mohd Yusuf Qureshi Vs DCIT (ITAT Mumbai), an ex-parte order was remanded due to denial of proper opportunity. Full analysis here.

ITAT slams AO & CIT(A) for Unwarranted litigation, incompetence & casual approach 

April 5, 2024 1614 Views 1 comment Print

ITAT Mumbai deletes addition on whole amount from sale of shares in Nikunj Kaushik Shah Vs ITO case, criticizing unwarranted litigation, incompetence & casual approach 

Disallowance u/s 14A deleted as interest free own funds exceeded investment: ITAT Mumbai

April 5, 2024 570 Views 0 comment Print

ITAT Mumbai held that disallowance made u/s. 14A of the Income Tax Act read with rule 8D deleted as tax free funds were more than investment made on which exempt income was earned.

Sale of shares cannot be treated as bogus if material recorded proves genuineness: ITAT Mumbai

April 5, 2024 687 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act by treating transaction of sale of shares of Sunrise Asian as a bogus penny stock unsustainable as material on records supports genuineness of the transactions.

No section 68 addition based on turnover declared under section 44AD

April 4, 2024 9636 Views 0 comment Print

ITAT Mumbai rules no addition under section 68 based on turnover declared under section 44 AD of Income Tax Act for Kalpesh Kantilal Gada. Detailed analysis and order explained.

TDS credit on Salary cannot be granted if Assessee fails to furnish salary slip or Form No.16

April 4, 2024 693 Views 0 comment Print

In Ajit Chandrashekar Dighe Vs DCIT (ITAT Mumbai), learn about the importance of substantiating Form 26AS or Form 16 for claiming TDS credit. Detailed analysis provided.

AO cannot disallow interest expense on Mere Presumption without disproving supporting evidences

April 4, 2024 420 Views 0 comment Print

The case pertained to the disallowance of interest amounting to Rs. 1,16,82,953/- paid on an unsecured loan. This ruling sheds light on the meticulous examination of evidence and the importance of substantiating claims in tax matters.

Revision u/s 263 justified as details not examined by AO: ITAT Mumbai

April 4, 2024 342 Views 0 comment Print

ITAT Mumbai held that non-examination of the details clearly makes the order of AO erroneous and prejudicial to the interest of revenue. Accordingly, PCIT correctly assumed the revisional jurisdiction under section 263 of the Income Tax Act.

Due Date for Section 36(1)(va) Commences with wages was payable’ & not when disbursed

April 3, 2024 702 Views 1 comment Print

Explore the legal dispute between Kaarya Facilities and ITO over the interpretation of Section 36(1)(va). Due date for wages under scrutiny. ITAT Mumbai ruling analyzed.

Failure to Record Satisfaction Renders Section 148 Notice Void & Assessment Order Void-ab-initio

April 3, 2024 687 Views 0 comment Print

Analysis of ITAT Mumbai’s ruling on void-ab-initio notice under Section 148 & assessment order. Non-recording of satisfaction renders proceedings unsustainable.

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