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ITAT Mumbai

Section 50C doesn’t applicable while calculating WDV for claiming depreciation on block of asset

December 10, 2024 1290 Views 0 comment Print

ITAT Mumbai held that the deeming fiction of section 50C Income Tax Act cannot be extended while working out the written down value (WDV) for the purpose of claiming deprecation on the block of the asset. Thus, disallowance made is liable to be deleted.

Disallowance of short term capital loss unjustified as no evidence disproves genuineness of transaction

December 9, 2024 1284 Views 0 comment Print

ITAT Mumbai held that disallowance of short term capital loss not justified since there is no evidence on record based on which genuineness of transactions can be doubted. Hence, held that conclusion drawn by AO is wholly irrational and unsustainable.

Income Tax: No Section 201(1A) Interest if Lower Deduction adjusted in later months

December 9, 2024 1371 Views 0 comment Print

ITAT Mumbai held that levy of interest under section 201(1A) of the Income Tax Act for lower deduction of TDS not justified since the lower deduction in earlier months were due to bonafide reasons and the same was adjusted in later months.

Addition u/s. 68 not sustained as cash deposited out of business receipts: ITAT Mumbai

December 9, 2024 1377 Views 0 comment Print

ITAT Mumbai held that cash deposits were evidently business receipts, in absence of any other evidence of any other undisclosed source of income, the same cannot be considered as unexplained cash credit. Accordingly, addition under section 68 liable to be set aside.

Addition towards penny stock deleted as onus duly discharged: ITAT Mumbai

December 6, 2024 1146 Views 0 comment Print

ITAT Mumbai held that addition under section 68 of the Income Tax Act made towards penny stock deleted since assessee duly discharged the onus cast upon him and there is no adverse order/penalty order against the Assessee.

No Addition Based on GST and Income tax Return Differences if Reconciled

December 4, 2024 6918 Views 0 comment Print

ITAT Mumbai rules no addition can be made for differences between GST returns and ITR if reconciled. Assessee followed project completion method for accounting.

Section 270A Penalty Quashed Due to Unspecific Notice on Underreporting or Misreporting

December 4, 2024 3786 Views 0 comment Print

Manish Manohardas Asrani Vs ITO Int Tax Ward (ITAT Mumbai) The Income Tax Appellate Tribunal (ITAT), Mumbai, ruled in favor of the assessee, Manish Manohardas Asrani, quashing a penalty of ₹44,90,048 levied under Section 270A(8) of the Income Tax Act, 1961. The tribunal held that the penalty notice lacked specificity regarding the charge—whether it pertained […]

No section 68 addition merely for trading in penny stock: ITAT Mumbai

December 2, 2024 6237 Views 0 comment Print

ITAT Mumbai upholds deletion of additions u/s 68 for trading in penny stocks. Assessee provided valid evidence, and AO failed to counter claims with proof.

GST not includible while computing presumptive income u/s. 44B: ITAT Mumbai

November 28, 2024 1764 Views 0 comment Print

ITAT Mumbai held that Goods and Services Tax (GST) amount while computing presumptive income under section 44B of the Income Tax Act cannot be included. Thus, issue decided in favour of assessee.

Addition u/s. 43CA deleted by taking stamp duty value on date of registration of agreement

November 28, 2024 2106 Views 0 comment Print

ITAT Mumbai deleted additions made under section 43CA of the Income Tax Act by considering the stamp duty value on the date of registration of agreement as prescribed under section 43CA(3) of the Income Tax Act.

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