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ITAT Mumbai

Amount withdrawn from reserve to be reduced while computing book profit u/s. 115JB: ITAT Mumbai

September 19, 2024 321 Views 0 comment Print

ITAT Mumbai held that when the reserve/provisions created in the year where the assessee has increased the book profit u/s. 115JB of the Act, the assessee is entitled to reduce the amount withdrawn from such reserve if the same is credited to the P & L account in that year.

Part refund amount to be first adjusted towards outstanding interest: ITAT Mumbai

September 19, 2024 849 Views 0 comment Print

ITAT Mumbai held that when part refund is granted it should be first adjusted towards outstanding interest and then against the tax payable. Interest u/s. 244A of the Income Tax Act directed to be calculated accordingly.

Accommodation entries in nature of bogus unsecured loans added as unexplained u/s. 68: ITAT Mumbai

September 19, 2024 846 Views 0 comment Print

ITAT Mumbai held that accommodation entries in the nature of bogus unsecured loans is liable to be added as unexplained under section 68 of the Income Tax Act. Accordingly, addition u/s. 68 confirmed.

No penalty u/s 271(1)(c) as mere claim isn’t furnishing inaccurate income particulars

September 10, 2024 2985 Views 0 comment Print

Penalty under section 271(1)(c) was not leviable as  AO had not demonstrated any falsehood in the particulars provided by assessee. Mere making a claim that was not legally sustainable did not constitute furnishing inaccurate particulars of income by assessee.

Accommodation entries: Reopening based on mere DDIT (Inv) information is Invalid 

September 6, 2024 3273 Views 0 comment Print

ITAT Mumbai finds the reopening of Allied Engineers’ assessment invalid, ruling the addition of alleged bogus purchases unjustified. Case closed.

Additional evidence against Section 35(2AB) disallowance: ITAT directs Re-adjudication

September 5, 2024 219 Views 0 comment Print

ITAT Mumbai directs re-examination of disallowed R&D deductions and non-deduction of TDS issues; appeal allowed for statistical purposes

Hardship allowance paid by developer not liable to be taxed as revenue: ITAT Mumbai

September 5, 2024 1962 Views 0 comment Print

ITAT Mumbai rules hardship allowance from developers is a capital receipt, not taxable as income. Assessee’s appeal allowed following Bombay High Court ruling.

Gift from non-resident brother exempt from taxation: ITAT Mumbai

September 5, 2024 498 Views 0 comment Print

Mumbai ITAT rules gift from non-resident brother exempt from tax for Abul Wais Abdus Salam, overturning previous additions to income.

No tax on amount received as ‘On-Money’ from sale of Flats u/s 68

September 3, 2024 1293 Views 0 comment Print

Since the addition pertained to the “receipt of money” from the sale of flats by the assessee and these amounts did not represent the actual receipts in the hands of the assessee, they could not be subjected to tax.

Software license expenditure for carrying out routine operations is revenue in nature: ITAT Mumbai

September 2, 2024 306 Views 0 comment Print

ITAT Mumbai held that software license expenditure incurred for carrying out the routine operations is revenue in nature. Hence, disallowing the same by treating it as capital unjustified. Thus, disallowance deleted.

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