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ITAT Mumbai

Stamp Duty Value on Allotment Date Crucial for Section 56(2)(vii)(b) Addition

March 9, 2025 1545 Views 0 comment Print

ITAT Mumbai rules in Dharmesh Jhaveri’s case: Stamp duty value at allotment date, not registration, to determine Section 56(2)(vii)(b) addition. Appeal allowed.

AO can determine tax liabilities even during insolvency proceedings: ITAT Mumbai

March 8, 2025 672 Views 0 comment Print

ITAT Mumbai restores MITC Metals case for fresh adjudication, ruling that assessment order was not void ab-initio despite ongoing corporate insolvency proceedings.

2202-Day Delay in Income Tax Appeal Filing Condoned in Palmera Co-op Case

March 8, 2025 933 Views 0 comment Print

ITAT Mumbai condones a 2202-day delay in filing appeal by Palmera Co-op Housing Society. Bona fide belief in rectification under Section 154 upheld.

ITAT Mumbai Sets Aside CIT(A) Order Due to Lack of Proof of Service of Notice

March 8, 2025 753 Views 0 comment Print

ITAT Mumbai sets aside CIT(A) order in Pukhraj Shreemalji vs. ITO due to lack of proof of notice service, restoring the matter for fresh adjudication.

Insurance Company Negative Reserves Not Distributable Surplus & Cannot be taxed

March 8, 2025 864 Views 0 comment Print

ITAT Mumbai dismisses Revenue’s appeal against Kotak Mahindra Life Insurance, citing precedents favoring the insurer on taxation of surplus and negative reserves.

ITAT Mumbai Quashes Reassessment Proceedings Against Shah Rukh Khan

March 8, 2025 8403 Views 0 comment Print

ITAT Mumbai invalidates reassessment against Shah Rukh Khan for FY 2012-13, addressing foreign tax credit claims and procedural flaws in reopening under Section 147.

No valid assessment or reassessment can be made in name of deceased: ITAT Mumbai

March 7, 2025 1719 Views 0 comment Print

ITAT Mumbai held that once the assessee is dead no valid assessment or reassessment can be made in the name of the deceased. Thus, notice issued u/s. 148 upon the deceased assessee who expired prior to issuance of notice is invalid.

No GP Addition Without Discrepancy in Purchases & Sales: ITAT Mumbai

March 5, 2025 1767 Views 0 comment Print

ITAT Mumbai rules on Nickunj Eximp case: Disputes over bogus purchases, demonetization cash deposits, and assessment procedures.

Procedural Lapses Should Not Override Substantial Justice: ITAT condones Appeal filing delay

March 5, 2025 1557 Views 0 comment Print

ITAT Mumbai condones a 314-day delay in Atlantic Bio Medical Pvt. Ltd.’s appeal, citing a bona fide mistake in tax filing and a right to a fair hearing.

Addition u/s. 69 without any concrete evidence against assessee is not sustainable

March 4, 2025 1239 Views 0 comment Print

ITAT Mumbai held that addition under section 69 towards unexplained cash made by the AO without bringing any concrete evidence on record incriminating the assessee is not sustainable. Accordingly, addition u/s. 69 deleted.

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