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ITAT Mumbai

Only Profit Element Taxable in Commodity Transactions: ITAT Mumbai

March 30, 2025 927 Views 0 comment Print

Asha Viren Raj Vs ITO (ITAT Mumbai) The Asha Viren Raj Vs ITO (ITAT Mumbai) case revolves around the contentious issue of reassessment under Section 147 of the Income Tax Act, 1961, and the taxation of commodity transaction income. The original assessment for Assessment Year (AY) 2012-13 was completed under Section 143(3). However, the Income […]

Amendment to Tolerance Limit Under Section 50C/56(2)(x) is Curative: ITAT Mumbai

March 29, 2025 1470 Views 0 comment Print

ITAT Mumbai rules that the 10% tolerance limit under Section 50C/56(2)(x) is curative and applies retrospectively, impacting property valuation disputes.

Reassessment Without Furnishing Reasons Invalid: ITAT Mumbai

March 29, 2025 990 Views 0 comment Print

ITAT Mumbai quashes reassessment order in Raghunandan Bhomia vs DCIT case, citing failure to provide reasons for reopening assessment, violating legal precedents.

ITAT Partially Allows Depreciation Claim on Goodwill from Jet Airways Slump Sale

March 29, 2025 741 Views 0 comment Print

ITAT allows depreciation on goodwill from Jet Airways slump sale citing SC precedent, but remits quantum calculation to AO for AY 2015-16.

Transfer of trademark acquired prior to 01.04.1998 is taxable as long-term capital gain

March 28, 2025 645 Views 0 comment Print

During the assessment proceedings, it was observed that the assessee sold two trademarks “Coldarin” and “Raricap”. The gains accrued on the transfer of both these capital assets gave rise to income chargeable to tax under the head “Capital Gains”.

No Addition for On-Money Property Payment Without Proof: ITAT Mumbai

March 27, 2025 7203 Views 0 comment Print

ITAT Mumbai overturns Rs. 33 lakh addition under Section 69 in Aarti Sudarshan Soni vs. ITO, citing lack of evidence for alleged on-money property payment.

Redevelopment Agreement: Allotment of New Flat Cannot Be Taxed Under Section 56(2)(x)

March 27, 2025 2142 Views 0 comment Print

ITAT held that the Allotment of New Flat did not fall within the scope of Section 56(2)(x), as the new flat was received in exchange for the old one and not as a gift or at inadequate consideration.

Recording interest on loan on cash basis due to financial distress at end of borrower is justifiable

March 26, 2025 1044 Views 0 comment Print

ITAT Mumbai held that change of method of accounting from mercantile to cash system for recording interest income on loan due to financial distress at the end of borrower is justifiable and legitimate.

Anonymous Donations to Sai Baba Sansthan Trust Not Taxable Under Section 115BBC: ITAT Mumbai

March 25, 2025 642 Views 0 comment Print

ITAT Mumbai held that Sai Baba Sansthan Trust being both charitable and religious trust falls within exceptions provided under section 115BBC(2) and hence anonymous donations received is not liable to be taxed under section 115BBC of the Income Tax Act.

Developer Eligible for Section 80-IA Deduction for Government Contracted Development Work

March 25, 2025 528 Views 0 comment Print

ITAT Mumbai held that developer is entitled for deduction under section 80-IA of the Income Tax Act for carrying out development work by entering into a contract with the Government. Accordingly, appeal allowed.

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