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ITAT Mumbai

Normal period will apply for reopening of assessment where escapement of income is below 50 Lakhs

August 31, 2024 1221 Views 0 comment Print

ITAT Mumbai held that normal period of limitation i.e. 3 years will apply in case of reopening of assessment where escapement of income was below Rs. 50 Lakhs and extended period of 10 years will apply only in case of concealment of income of Rs. 50 Lakhs or more.

Scholarship for overseas study is application of income for charitable purpose in India: ITAT Mumbai

August 30, 2024 597 Views 0 comment Print

ITAT Mumbai held that the disbursal of loan scholarship to students in India for study overseas as application of income for charitable purposes in India. Thus, claim of exemption under section 11 of the Income Tax Act allowed.

Addition U/S 68 for Unexplained Cash Credit Unjustified as Sale of Shares Reflected in P&L

August 28, 2024 597 Views 0 comment Print

ITAT Mumbai held that addition u/s. 68 of the Income Tax Act towards unexplained cash credit unjustified as sale consideration of shares duly reflected in the profit and loss account of the assessee.

Shares held for exactly 12 months treated as long term as date of transfer included in holding period: ITAT Mumbai

August 28, 2024 777 Views 0 comment Print

ITAT Mumbai held that holding period of the capital goods includes the date on which asset is acquired and also date of sale/ transfer of the same. Accordingly, shares held for exactly 12 months treated as long term.

Section 263 Jurisdiction Not Upheld as Assessment Order Issued to Non-Existing Assessee: ITAT Mumbai

August 27, 2024 441 Views 0 comment Print

ITAT Mumbai held that PCIT grossly erred in assuming jurisdiction u/s. 263 of the Income Tax Act as assessment order has been framed in the name of a non-existing assessee.

SC decision on condonation of delay followed by Mumbai Tribunal & matters remanded

August 27, 2024 648 Views 0 comment Print

ITAT Mumbai condones delay in Jayesh Hirji Savla’s case, following Supreme Court principles on substantial justice, and remands the matter for reassessment.

Penalty u/s. 271(1)(c) not sustained as notice failed to specify particular limb: ITAT Mumbai

August 27, 2024 408 Views 0 comment Print

ITAT Mumbai held that notice issued u/s. 274 r.w.s. 271(1)(c) of the Income Tax Act without specifying the particular limb is unsustainable in law. Accordingly, the penalty imposed u/s. 271(1)(c) is not sustainable.

ITAT Mumbai Deletes Section 11(1A) Disallowance on Sale Consideration Investment

August 26, 2024 309 Views 0 comment Print

ITAT Mumbai deletes disallowance of capital gains by DCIT after confirming investment in property with Charity Commissioner approval. Appeal dismissed.

Addition u/s. 69A and 68 without finding any fault with evidence is unlawful: ITAT Mumbai

August 26, 2024 669 Views 0 comment Print

ITAT Mumbai held that confirmation of addition u/s. 69A and 68 of the Income Tax Act without finding any fault with the evidence submitted justifying the transaction is totally unlawful and accordingly liable to be set aside.

Co-operative credit society providing credit facilities only to its members not hit by section 80P(4): ITAT Mumbai

August 23, 2024 303 Views 0 comment Print

The assessee is a co–operative credit society, registered under Maharashtra co–operative society Act, 1960 and is engaged in providing credit facilities to those CIDCO employees who are members of credit society.

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