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ITAT Mumbai

Section 56(2)(vii)(b) Addition Quashed; AO Directed to Use Valuation from Agreement Year

June 25, 2025 732 Views 0 comment Print

ITAT Mumbai rules against Section 56(2)(vii)(b) addition, stating property valuation should be based on the agreement date, not registration, when payments are made by banking channels.

Penny Stock LTCG Additions on mere Conjecture Unjustified: ITAT Mumbai

June 25, 2025 5001 Views 0 comment Print

ITAT Mumbai ruled against reopening assessments for penny stock LTCG without independent proof of accommodation entries, emphasizing genuine investor transactions.

Senior Citizen with Exempt Partnership Income: ITAT grants relief from Interest levy

June 25, 2025 4029 Views 0 comment Print

Mumbai ITAT grants relief to senior citizen Neeta Rohit Patel, quashing interest under Sections 234B & 234C on exempt partnership income. Landmark ruling clarifies advance tax exemption.

Section 54F Deduction 54F Allowed on Capital Gain from Tenancy Right Surrender: ITAT Mumbai

June 24, 2025 1026 Views 0 comment Print

ITAT Mumbai held that in the present case there is a surrender of tenancy rights against which a new flat has been allotted. Thus, deduction u/s. 54F admissible against the capital gain so computed on surrender of tenancy right.

No Section 69A Addition for Third-Party Pen Drive Data Without Confronting Taxpayer

June 24, 2025 972 Views 0 comment Print

Addition made under Section 69A based only on statements and a pen drive that were never tested or corroborated was not justified as such evidence could not be treated as credible unless the taxpayer was confronted with it and given an opportunity to respond.

Section 148 Notice to Non-Existent Amalgamated Company Is Void: ITAT Mumbai

June 24, 2025 1311 Views 0 comment Print

Since the notice was issued under Section 148 in the name of a non-existing entity, despite the department having been intimated about the amalgamation much earlier, the impugned notice under Section 148 was null and void. Consequently, the reassessment order passed based on this invalid notice was quashed.

Section 54F Exemption for Jointly Held & Under-Construction Property: ITAT Mumbai clarifies

June 23, 2025 1932 Views 0 comment Print

ITAT Mumbai allows Section 54F deduction for Anant R Gawande, clarifying joint ownership and property acquisition for capital gains exemption.

Invoking section 263 in guise of difference of opinion not justifiable: ITAT Mumbai

June 23, 2025 411 Views 0 comment Print

ITAT Mumbai held that invocation of revisionary jurisdiction under section 263 of the Income Tax Act on account of difference of opinion is not sustainable in law. Accordingly, revision order passed by PCIT is liable to be quashed.

Reassessment Quashed: No Addition on Original Ground – ITAT Mumbai

June 22, 2025 942 Views 0 comment Print

ITAT Mumbai quashes reassessment against Sky Scraper Properties, ruling no addition was made based on the initial reason for reopening, citing Bombay HC precedent.

Horse Race Stake Money Exempt from TDS: ITAT Mumbai

June 22, 2025 960 Views 1 comment Print

ITAT Mumbai rules stake money paid to horse owners is not subject to TDS under Sections 194B or 194BB, citing previous Tribunal order and CBDT Circular.

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