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ITAT Mumbai

No Section 69 Addition If Investment recorded in Books & Explanation Satisfactory

February 12, 2024 1380 Views 0 comment Print

Mumbai ITAT decision clarifies that no addition under Section 69 I-T Act is justified once the source of investment is proven, setting a precedent.

Safe Harbour Limit of 5% Under Section 50C(1) Deemed Retrospective

February 12, 2024 1143 Views 0 comment Print

Mumbai ITAT reiterates Sec 50C(1) as a measure against tax evasion by undervaluing property sales, emphasizing its retrospective application.

Section 80P(2)(d) deduction allowable to Co-Op Society on Interest Income from co-op banks

February 12, 2024 5406 Views 0 comment Print

Explore ITAT Mumbai’s interpretation on Section 80P(2)(d) deductions for Co-Op Societies on interest income from co-op banks, setting a precedent for future tax assessments.

No Section 14A Disallowance If Assessee Has No Exempt Income in the Year

February 12, 2024 663 Views 0 comment Print

In the case of Reliance Power Ltd vs. DCIT, Mumbai ITAT’s ruling clarifies disallowance under Section 14A of the Income Tax Act, emphasizing that investments yielding exempt income should be considered for disallowance.

Mumbai ITAT Admits Additional Evidence, Taxpayer Not Penalized for Non-Filing

February 12, 2024 567 Views 0 comment Print

In the case of Rajesh Lakhmshi Nisar Vs ITO, Mumbai ITAT admitted additional evidence, emphasizing taxpayers shouldn’t be penalized for not submitting material evidence.

SEBI Investigation of broker Alone Insufficient to Label Assessee’s LTCG as Bogus

February 11, 2024 519 Views 0 comment Print

Investigate the Income Tax Appellate Tribunal ruling in ITO vs. Indravadan Jain HUF & its implications for similar cases in the future. Assessing officer’s declarations on SEBI Investigation & LTCG of the assessee addressed.

Article 13(4) of India-Mauritius DTAA exempts sale of shares acquired prior to 1st April 2017

February 10, 2024 882 Views 0 comment Print

ITAT Mumbai held that benefit of Article 13(4) of India Mauritius tax Treaty duly available to Mauritius registered assessee, having Tax Residency Certificate, for sale of shares which were acquired prior to 1st April 2017.

Transferee Undertaking Eligible for Deduction u/s. 80IA(4) for Remaining Period: ITAT Mumbai

February 10, 2024 360 Views 0 comment Print

ITAT Mumbai held that in case of transfer of undertaking deduction u/s. 80IA(4) of the Income Tax Act for remaining unexpired period duly admissible to transferee when transferor and transferee should jointly intimate to the Department of Industrial Policy and Promotion.

No Penalty for Excessive Depreciation Claim Due to bona fide Mistake

February 9, 2024 990 Views 0 comment Print

Mumbai ITAT quashes penalty in DCIT vs Sasan Power Ltd case, ruling that furnishing inaccurate expenditure claim does not constitute inaccurate particulars of income, citing bona fide mistake.

Mere allegations insufficient to disallow section 35-AC deduction: ITAT Mumbai

February 9, 2024 354 Views 0 comment Print

ITAT Mumbai decides on a case involving the disallowance of Section 35-AC deduction, emphasizing the importance of tangible evidence over mere allegations.

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