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ITAT Mumbai

AO duty bound to complete Income Tax rectification process within six months

June 9, 2025 1338 Views 0 comment Print

ITAT Mumbai held that it is the duty imposed on the Assessing Officer to complete the rectification process within six months. Thus, by remanding the matter back to the file of Assessing Officer, it is directed to complete the rectification within one month.

Excess Stock is Business Income, Not unexplained investment: Mumbai ITAT

June 9, 2025 498 Views 0 comment Print

Mumbai ITAT rules excess stock found during survey, when linked to business, is undeclared business income, not unexplained investment, thus avoiding Section 115BBE.

Share of Profit Exempt under Section 10(2A) Not Attracts Section 14A Disallowance

June 8, 2025 1311 Views 0 comment Print

ITAT Mumbai clarifies tax treatment of goodwill from amalgamation, project expenses, future provisions, and Section 14A disallowances for Dosti Realty Ltd.

Assessee Can Choose Set-Off Order Most Beneficial to Them: ITAT Mumbai

June 8, 2025 789 Views 0 comment Print

Mumbai ITAT allows Vanguard Total International Stock Index Fund to set off STT-paid losses against non-STT gains, citing Calcutta High Court precedent and no hierarchy in Section 70.

ITAT allows set off of short-term capital losses against gains with differential tax rates

June 8, 2025 825 Views 0 comment Print

Mumbai ITAT allows Emerging Markets Index Fund to set off short-term capital losses against gains with differential tax rates, citing Section 70(2) and judicial precedents.

ITAT allows Set Off Short-Term Capital Losses Against Gains Regardless of STT or Tax Rates

June 8, 2025 789 Views 0 comment Print

ITAT Mumbai rules on iShares MSCI EM UCITS ETF’s appeal, allowing set-off of short-term capital losses against gains regardless of differing tax rates or STT payment.

Section 263 Action Invalid Without Compliance to Limitation Period: ITAT Mumbai

June 6, 2025 864 Views 0 comment Print

Mumbai ITAT ruled the CIT(E)’s revisionary order against Indian Education Society was time-barred, clarifying Section 263’s scope regarding original vs. reassessment issues.

Section 2(47) Not Applicable Due to Unregistered Deed & Lack of Possession

June 5, 2025 4611 Views 0 comment Print

Mumbai land transfer tax case on development agreement, capital gains, and property possession in slum redevelopment. Judicial precedents cited.

Reopening quashed as objections raised not disposed of by AO: ITAT Mumbai

June 5, 2025 909 Views 0 comment Print

As stated earlier, appellant had raised objection on 15.01.2022 against re-opening but the same was not disposed of by AO by passing a speaking order as per guidelines issued by SC in case of KGN Driveshafts.

Donations Misused for Personal Use Taxable Under Section 56(2)(x): ITAT Mumbai

June 4, 2025 738 Views 0 comment Print

ITAT Mumbai held that since donations collected were parked in savings bank account of assessee and funds were used for personal purpose hence donation collected are taxable u/s. 56(2)(x) of the Income Tax Act. Accordingly, appeal of the assessee dismissed.

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