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ITAT Mumbai

No Penalty for Addition for Bogus Purchases on estimated basis

June 10, 2021 8793 Views 0 comment Print

DCIT Vs Toshvin Analytical Private Limited (ITAT Mumbai) As per facts recorded above, the penalty in this case is only with reference to addition on bogus purchases amounting to Rs.3,83,388/-. The addition was sustained by the ITAT @8% of the bogus purchases. We find that on the facts and circumstances of the case, the Ld. […]

Addition for On-money only of income element & not of entire amount

June 10, 2021 4101 Views 0 comment Print

Ekta Housing Pvt. Ltd Vs DCIT (ITAT Mumbai): Conclusion: Addition as regards the on-money received by assessee was to be made to the extent of the income element embedded in such receipts and the entire amount of on-money could not have been added in the hands of the assessee.  No reason or logic had been […]

LTCG cannot be treated as Bogus merely on information from investigation wing

June 8, 2021 5253 Views 0 comment Print

Jayesh Shantilal Vira Vs ACIT (ITAT Mumbai) Addition u/s 10(38) on alleged bogus Long Term Capital Gain (LTCG) deleted where no further verification made by AO except solely reliance on information from investigation wing. ITAT held that the long term capital gain on the sale of shares of M/s. Blue Circle Services Ltd. is not […]

ITAT deletes addition for LTCG made without Independent Verification

June 7, 2021 1383 Views 0 comment Print

ITAT Mumbai ruling on Anusmriti Sarkar vs ITO case. Analysis of LTCG from Kailash Auto Finance Scrip, added without independent verification. Get insights into key decisions.

Rent to wife of director for use of Bungalow for business purpose allowable

June 2, 2021 4749 Views 0 comment Print

M/s. Chandri Papers and Allied Products Pvt. Ltd. Vs ACIT (ITAT Mumbai) We find that assessee had taken property on lease for the purpose of its business. The said property is situated at Lonavala. The said property belongs to the wife of director of the assessee company. The property has been taken on lease based […]

ITAT deletes section 56(2)(vii)(b) addition as land was not a fresh purchase

May 31, 2021 1356 Views 0 comment Print

ACIT Vs Ajay Jagdishnarain Agarwal (ITAT Mumbai) fter going through the order passed by the CIT(A), we noticed that the property was purchased by Jagdish Narian Agarwal in the year 1974 after paying the full consideration. The original owners/vendors confirmed the transaction and the parties had given requisite confirmation before the district collector. They transferred […]

Taxable unit is a Foreign Company and not its Branch or PE in India

May 28, 2021 1989 Views 0 comment Print

Morgan Stanley Mauritius Co Ltd Vs DCIT (ITAT Mumbai) The reasoning given by the DRP is ex facie incorrect inasmuch as the SCB-India, being a permanent establishment of a company fiscally domiciled in the United Kingdom, and is not a taxable unit in India, and the taxability is in the name of its general enterprise- […]

If two views possible, the one in favour of assessee should be adopted

May 27, 2021 4857 Views 0 comment Print

Goldman Sachs (India) Finance Private Limited Vs DCIT (ITAT Mumbai) We are of the considered opinion that in this regard if the assessee is not called upon to pay any tax on book profit as taxes on normal computation are higher even after the aforesaid exercise of increase of the book profit by the amount […]

Onus on Revenue demonstrate that PE of A Foreign Enterprise Exists In India

May 27, 2021 984 Views 0 comment Print

International Air Transport Association (Canada) Vs ACIT (ITAT Mumbai) At this stage, we may herein observe that as in the present case before us, in the case of Delmas France (supra) also there was no finding of the lower authorities that the transactions between the principal and agent were done in arm’s length conditions. Under […]

AO cannot revisit his conclusions at the stage of passing the final order

May 24, 2021 6045 Views 0 comment Print

Galaxy Surfactants Limited Vs ACIT (ITAT Mumbai) Once an Assessing Officer prepares a draft assessment order, that is the end of his domain of powers so far as framing of assessment is concerned- unless of course there are any directions from the Dispute Resolution Panel which are required to be implemented by the Assessing Officer. […]

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