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ITAT Mumbai

Transfer of assets of proprietary concern to succeeding company exempt as covered within section 47(xiv)

January 2, 2025 2262 Views 0 comment Print

Held that the shareholding of the assessee (voting right) has continued to remain not less than 50% as prescribed in clause (b) of proviso to 47(xiv) of the Act, even after issuing of new shares by the above said company.

₹1.69 Crore penny stock addition: ITAT remanded matter back to CIT(A)

January 1, 2025 771 Views 0 comment Print

ITAT Mumbai remanded Vandana Deepak Savla’s case to CIT(A), granting a fresh opportunity for the appellant to present evidence in a penny stock transaction dispute.

Revision u/s. 263 justified as AO granted relief without adequate inquiry into claim: ITAT Mumbai

December 28, 2024 438 Views 0 comment Print

The assessee herein is a part of Allana Group, which is engaged in the business of export of food products and agro commodities including frozen meat processed/frozen food, edible products, agro products etc.

Stock purchased through proper platform, genuineness can not be doubted without evidence-ITAT Mumbai

December 28, 2024 975 Views 0 comment Print

In a recent ruling ITAT Mumbai have held that genuineness of sale and purchase of share through stock exchange platform, can not be doubted if AO failed to establish link between assesssee and report of investigation wing.

Agricultural Land Purchased per MOA Objects Treated as Business Income: ITAT Mumbai

December 28, 2024 819 Views 0 comment Print

In a recent ruling ITAT Mumbai dismissed appeal filed by the revenue and confirmed order of the CIT (A) in treating the income/compensation received from the transaction in agricultural land as business income instead of income from other sources as treated by the AO.

Deduction u/s. 37(1) allowable towards ESOP expense since it is not contingent or notional

December 27, 2024 1107 Views 0 comment Print

ITAT Mumbai held that the Employee Stock Option Plans [ESOP] expenses should not be regarded contingent or notional and it should be allowed as deduction u/s 37(1) of the Income Tax Act.

Non-generation of income after setting up of business cannot be ground to disallow expense

December 27, 2024 753 Views 0 comment Print

ITAT Mumbai held that disallowance of entire expenses alleging that assessee has not started its business activity till date not justified since non-generation of income after setting up of business cannot be a ground to disallow expenses.

Addition u/s. 69C towards cash payment deleted since source of cash already taxed: ITAT Mumbai

December 27, 2024 1506 Views 0 comment Print

ITAT Mumbai held that once the source of cash is taxed, it cannot be further taxed as unexplained cash expenditure. Hence, addition under section 69C of the Income Tax Act for cash payments deleted.

Depreciation u/s. 32 not admissible as usage of car for business purpose not proved: ITAT Mumbai

December 25, 2024 1071 Views 0 comment Print

ITAT Mumbai disallowed the claim of depreciation under section 32 since assessee failed to prove that car was used for the purpose of assessee’s business wholly or in part. Accordingly, appeal dismissed.

Addition towards capital gain not sustained as assessee’s involvement in price rigging not proved

December 24, 2024 1608 Views 0 comment Print

The Investigation Wing had carried out investigation with regard to the price manipulations and generation of bogus long term capital gains in number of stocks, classified as penny stocks.

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