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ITAT Mumbai

Headcount a Valid Basis for Shared Cost Allocation: ITAT Mumbai

June 26, 2025 546 Views 0 comment Print

ITAT Mumbai rules in favor of Cable and Wireless, holding that allocating shared employee costs based on headcount is a valid method, overturning the tax officer’s order.

Section 80IA(10) Inapplicable: Pre-condition of Arrangement Not Met – ITAT Mumbai

June 26, 2025 690 Views 0 comment Print

Higher profit per se cannot lead to the conclusion that there is arrangement between the parties. The concept of PLI cannot per se be applied to hold that assessee has earned higher profit

Reopening Invalid as No Fresh Material; Full Depreciation Allowed on Office

June 26, 2025 441 Views 0 comment Print

Mumbai ITAT allows full depreciation for New Rampgreen Technologies, citing asset ownership date. It also voids the reassessment, holding that the tax audit report was already with the AO, preventing a ‘change of opinion’ based reopening.

Waiver of differed sales tax liability is business income taxable u/s. 28(iv)

June 26, 2025 477 Views 0 comment Print

ITAT Mumbai held that the waiver of differed sales tax liability is a benefit accrued to the assessee arising out of its business hence the sum waived is taxable under section 28(iv) of the Income Tax Act. Accordingly, appeal of assessee dismissed.

Capital Gain on sale of rights entitlement was exempt as per Article 13(6) of India-Ireland DTAA

June 26, 2025 1620 Views 0 comment Print

AO however, held that STCG on the sale of rights entitlement was to be taxed as “sale of shares” under Article 13(5) of the India-Ireland DTAA, making an addition towards STCG as taxable in India.

Unsold Flats Not Taxable as House Property Income for AY 2012-13: ITAT Mumbai

June 26, 2025 819 Views 0 comment Print

Mumbai ITAT rules against taxing notional rent on unsold flats held as builder’s stock-in-trade, preferring the Gujarat High Court view over Delhi.

TDS Mismatch Dispute: ITAT Orders Verification of Form 26AS & Form 16 mismatch

June 25, 2025 690 Views 0 comment Print

ITAT Mumbai remands Deepak Kumar Chaturvedi’s appeal, directing AO to verify exempt allowance disallowance due to Form 16 and 26AS mismatch caused by employer error.

ITAT Directs Fresh Hearing on Section 2(22)(e) Deemed Dividend Case Dispute

June 25, 2025 477 Views 0 comment Print

The ITAT Mumbai has set aside a deemed dividend order against Yashvardhan Gokuldas Binani, allowing re-examination of a loan as a commercial transaction, citing non-compliance.

ITAT Orders Reconsideration of 12AB Registration After Trust Agrees to Amend object clause

June 25, 2025 441 Views 0 comment Print

ITAT Mumbai remits trust registration denial for Shree Swatember Murtipujak Jain Tapgachh Sangh Tiker, allowing reconsideration after proposed object clause amendment.

ITAT condones Appeal Delay Citing Clerk’s Error, Trustees’ Tech Limitations & Age

June 25, 2025 357 Views 0 comment Print

 Mumbai ITAT condones 536-day delay for Samasta Brahman Mahasangh appeal, citing clerk’s error and trustees’ age/lack of tech-savviness. Case remanded for fresh hearing.

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