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ITAT Mumbai

ITAT Deletes Penalty Due to Misplaced Reliance on Case Law & Foreign Tax Credit

May 4, 2025 1707 Views 0 comment Print

ITAT Mumbai deletes penalty under Section 271(1)(c), stating no deliberate concealment and distinguishing case from precedent in Mak Data ruling.

Section 263 proceedings Valid for Cryptic Reassessment Order: ITAT Mumbai

May 3, 2025 747 Views 0 comment Print

ITAT Mumbai held that PCIT is empowered to issue a show- cause notice and pass a revision order u/s. 263 of the Act when reassessment order passed by AO was quite cryptic. Accordingly, order of PCIT upheld and appeal of assessee dismissed.

Date of allotment letter to be considered for holding period of property: ITAT Mumbai

May 2, 2025 3918 Views 0 comment Print

ITAT Mumbai held that date of allotment letter, rather than date on which purchase deed of conveyance was entered, should be considered for holding period of the property. Accordingly, appeal of assessee allowed.

Matching Revenue Not a Precondition for Business Expense Claim: ITAT Mumbai

May 2, 2025 813 Views 0 comment Print

ITAT Mumbai rules revenue matching isn’t a precondition for claiming business expenses u/s 37(1). Learn about this important income tax decision.

Share Application Money from Existing Shareholders, Later Converted to Shares, Is a Capital Receipt

May 2, 2025 1095 Views 0 comment Print

ITAT Mumbai rules share application money from existing shareholders, later converted to shares, is a capital receipt, not taxable as business income u/s 28(iv).

Section 56(2)(vii) not applies to shares received via proportionate rights issue

April 30, 2025 2103 Views 0 comment Print

ITAT Mumbai restricts tax addition on share allotment in ITO vs Rajeev R Tulshyan case, citing proportionate rights issue and lack of disproportionate gain.

Short term capital gain on depreciable assets u/s. 50 will be taxed @20% as per section 112

April 28, 2025 1167 Views 0 comment Print

ITAT Mumbai held that the rate of tax on a short term capital gain on depreciable assets u/s. 50 has been held to be the rate of long term capital gain @ 20% as per Section 112 of the Income Tax Act. Accordingly, appeal of assessee allowed.

Revision u/s. 263 not justified as AO took plausible view: ITAT Mumbai

April 28, 2025 945 Views 0 comment Print

ITAT Mumbai held that invocation of revisionary proceedings under section 263 of the Income Tax Act not justified since AO has taken plausible view. Accordingly, order passed u/s. 263 set aside and appeal of assessee allowed.

Mauritius Fund Allowed to Carry Forward Capital Losses Despite DTAA Exemption on Gains

April 27, 2025 897 Views 0 comment Print

ITAT Mumbai allows Mauritius fund to carry forward capital losses under Indian law while claiming DTAA exemption on pre-2017 share gains.

Penny Stock & Manipulated Transactions: ITAT denies LTCG Exemption Claim

April 26, 2025 1776 Views 0 comment Print

ITAT Mumbai rules on Usha Chandresh Shah’s appeal against treating share sale proceeds as cash credit instead of long-term capital gains.

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