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ITAT Mumbai

ITAT Mumbai Upholds Corporate Death Principle in Tax Assessments After Amalgamation

August 18, 2025 876 Views 0 comment Print

ITAT Mumbai voids assessment against Candor Renewable Energy, ruling notices to non-existent amalgamated company invalid despite merger.

No Disallowance for Losses in Volatile Penny Stock Without Concrete Evidence

August 16, 2025 855 Views 0 comment Print

ITAT Mumbai dismisses revenue’s appeal against Adihemshree Financial, a share trader, on losses incurred from alleged penny stocks. The tribunal cited that the losses were a regular business activity.

ITAT Mumbai Quashes Penny Stock LTCG Additions for Lack of Incriminating Material

August 16, 2025 717 Views 0 comment Print

The Mumbai ITAT ruled that a tax reassessment on alleged bogus capital gains was invalid, citing the lack of specific incriminating evidence found during the search.

Additions Based Solely on Retracted Statements Not Sustainable: ITAT Mumbai

August 16, 2025 819 Views 0 comment Print

In Rajeshkumar Shah vs DCIT, ITAT strikes down cash loan & notional interest additions under Section 69 due to lack of corroborating evidence and unreliable witness statements.

Inadequacy of enquiry would not confer power of revision Section 263 Revision

August 16, 2025 585 Views 0 comment Print

The Mumbai ITAT set aside a PCIT’s revisionary order against Procter and Gamble, ruling the AO’s original inquiry was adequate and not a basis for revision.

MoU Does Not Trigger Capital Gains Tax; Year of Registered Sale Deed is Relevant

August 16, 2025 936 Views 0 comment Print

ITAT Mumbai ruled that capital gains from a property sale were taxable in the year the sale deed was executed, not the year of the MoU, due to a prior bank lien. The court also clarified tax rates and acquisition costs.

ITAT Mumbai Restricts Bogus Purchase Addition to Profit element 

August 16, 2025 807 Views 0 comment Print

The ITAT Mumbai restricted a bogus purchase addition to the profit element, distinguishing the case from a prior ruling because the assessee provided a source for the payments.

No Penny Stock LTCG Additions on Suspicion or Modus Operandi Alone

August 16, 2025 4047 Views 0 comment Print

The ITAT Mumbai deleted a penny stock addition, ruling that the income tax department’s reliance on suspicion and a general investigation report was insufficient to dislodge the assessee’s proof of genuine transactions.

Brought Forward Business Loss Cannot Offset STCG on Depreciated Assets

August 16, 2025 1173 Views 0 comment Print

The ITAT Mumbai has ruled that brought-forward business losses cannot be set off against short-term capital gains from the sale of depreciated assets, upholding the disallowance.

Penalty Passed Beyond Time Limit under Section 275(1)(c) Held Invalid

August 16, 2025 1209 Views 0 comment Print

 The ITAT Mumbai quashed a penalty against an assessee, ruling that the penalty order was time-barred as it was issued beyond the limitation period specified under Section 275(1)(c).

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