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ITAT Mumbai

Non-Response to Notices cannot justify 40A(2)(b) disallowances: ITAT Mumbai

August 20, 2025 777 Views 0 comment Print

ITAT Mumbai rules that a lack of response to notices cannot justify a disallowance under Section 40A(2)(b). The AO must prove payments are excessive.

ITAT Mumbai Disallows 50% of Gold Coin Gift Expenses

August 20, 2025 807 Views 0 comment Print

Mumbai ITAT partly allows a CA’s appeal, disallowing 50% of his gold coin gift expenses, stating that lack of business nexus and recipient details is a valid reason.

Cash Deposits Treated as Turnover, Not Black Money – Section 69A Addition Deleted

August 20, 2025 1317 Views 0 comment Print

ITAT Mumbai rules that demonetization cash deposits should be treated as business turnover and not as unexplained income, deleting a separate addition.

No TDS Required on Commission, Inspection & Software Payments to Foreign Parties – Entire Addition Deleted

August 20, 2025 1548 Views 0 comment Print

Mumbai ITAT rules that payments for foreign commission, inspection fees, and software subscriptions are not taxable in India, exempting merchants from TDS obligations.

Share Premium from Listed Parent Not Taxable under Section 56(2)(viib)

August 20, 2025 558 Views 0 comment Print

ITAT rules that a company’s share premium received from a publicly listed parent company is not taxable under Section 56(2)(viib) and cannot be taxed as income.

ITAT Mumbai Deletes 12.5% Bogus Purchase Addition Where Goods Were Returned

August 20, 2025 279 Views 0 comment Print

Mumbai ITAT rules that tax additions for bogus purchases are not valid if the goods were returned and the transactions were fully reversed in the company’s books.

Bogus Purchase Addition on Diamonds Restricted to Profit Element by ITAT Mumbai

August 20, 2025 489 Views 0 comment Print

ITAT Mumbai deletes 100% bogus purchase addition on diamonds, ruling that only the profit element is taxable as the assessee had already offered presumptive income.

Allowability of use of Extrapolated Data for comparables inspite of having different year-end in ITeS transfer pricing dispute

August 18, 2025 528 Views 0 comment Print

While computing arm’s length price (ALP), it is required both the tested party and the comparable should have similar financial year endings for proper analysis of the functions performed, assets employed and risks assumed.

Limitation for 271D/271E Penalty Runs from AO’s Satisfaction, Not JCIT Notice

August 18, 2025 1701 Views 0 comment Print

The Mumbai Income Tax Appellate Tribunal quashes penalties for being time-barred and invalidates a reassessment notice, clarifying key tax law provisions on limitation and sanctioning authority.

Exemption u/s. 11 granted as registration u/s. 12A remained valid till grant of provisional registration u/s. 12AB

August 18, 2025 1035 Views 0 comment Print

ITAT Mumbai held that denial of exemption under section 11 of the Income Tax Act not justified since previous registration u/s. 12A continued to be valid till grant of provisional registration under the new scheme u/s. 12AB of the Income Tax Act.

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