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ITAT Mumbai

Exempt LTCG Under India-Mauritius DTAA Not Adjustable Against Taxable Losses: ITAT Mumbai

April 22, 2025 891 Views 0 comment Print

It also referred to similar findings in Matrix Partners India Investment Holdings, LLC vs DCIT and other precedents, reinforcing that exempt income did not form part of the computation of total income under Indian law.

Section 153A Additions for Accommodation Entries Invalid Without Incriminating Material

April 22, 2025 1224 Views 0 comment Print

ITAT Mumbai upheld CIT(A)’s rulings in ACIT vs GM Modular Pvt. Ltd., addressing unverified purchases, PF/ESI disallowances, and incriminating material in search cases.

GST not includible in Gross Receipts for Income Computation U/S 44BB: ITAT Mumbai

April 21, 2025 1812 Views 0 comment Print

ITAT Mumbai held that GST would not form part of gross receipts for the purposes of computing presumptive income under Section 44BB of the Income Tax Act. Accordingly, appeal of the assessee allowed.

AO Lacks Authority to Deny Section 11 Exemption After Granting Section 12AA Registration

April 21, 2025 1791 Views 0 comment Print

ITAT Mumbai: Valid 12AA registration bars AO from denying Sec 11 exemption by re-examining charitable objectives. Key ruling explained.

Commercial Advances Don’t Fall Under Section 2(22)(e): ITAT Mumbai

April 18, 2025 978 Views 0 comment Print

ITAT Mumbai held that trade advances, being in the nature of commercial transaction, would not fall within the ambit of the provisions of section 2(22)(e) of the Act and therefore the addition made by the AO is deleted. Accordingly, appeal allowed.

ITAT Mumbai Restores Income Tax Appeal due to Lack of Meritorious Adjudication

April 17, 2025 1116 Views 0 comment Print

ITAT Mumbai remands case of Sandeep Singh Karhail vs Girish Agrawal for fresh hearing, citing lack of opportunity and procedural lapses in reassessment.

Special Bench Rules on Surcharge for Private Discretionary Trusts

April 17, 2025 1377 Views 0 comment Print

Araadhya Jain Trust Vs ITO (ITAT Mumbai) Whether surcharge is applicable at respective surcharge slab rate or at maximum surcharge rate in case of the Private Discretionary Trust? In a significant ruling that brings clarity to taxation of Private Discretionary Trusts, the Income Tax Appellate Tribunal (ITAT) Special Bench has held that surcharge on such […]

Mere book entries & AIR data insufficient for additions: ITAT Mumbai

April 17, 2025 1377 Views 0 comment Print

ITAT Mumbai rules in Farhat Yusuf Shaikh case—book entries and AIR data alone not enough to justify additions under Sections 68 and 69 of the IT Act.

Levy of Surcharge Unwarranted as Income Did Not Exceed ₹50 Lakhs: ITAT Mumbai

April 16, 2025 837 Views 0 comment Print

ITAT Mumbai rules in favor of Lintas Trust on surcharge issue, clarifying no surcharge applies when income is below ₹50 lakh as per Finance Act provisions.

Share Transfer in Family Settlement Exempt from Section 56(2)(viia): ITAT Mumbai

April 16, 2025 1485 Views 0 comment Print

ITAT Mumbai dismisses revenue appeal against deletion of Sec 56(2)(viia) addition in ITO vs S D N Company case, concerning share valuation and family settlement.

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