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ITAT Mumbai

Adhoc Disallowance on Surmises Without Rejecting Books is unsustainable

May 6, 2024 2493 Views 0 comment Print

ACIT Vs Merchant Agri Global Private Limited – Detailed analysis of Mumbai ITAT’s decision regarding adhoc disallowance of expenses without rejecting books of account. Full text of the order provided.

ITAT Mumbai taxed LTCG from Penny Stock ‘Essar (India) Ltd’

May 6, 2024 1632 Views 0 comment Print

Shanno Mohammed Yusuf Warsi Vs ITO (ITAT Mumbai) The case of Shanno Mohammed Yusuf Warsi Vs Income Tax Officer (ITO) at the Income Tax Appellate Tribunal (ITAT) Mumbai revolves around the taxation of long-term capital gains (LTCG) from penny stock transactions, specifically involving shares of Essar (India) Ltd. The central question is whether the assessee […]

No addition u/s 68 as assessee had not benefited from Round-Tripping of Share Transactions

May 6, 2024 1152 Views 0 comment Print

Assessee had issued share application money and subsequently allotted shares which showed that the transactions were genuine and there was no material brought on record by tax authorities that the assessee had benefited from round-tripping, therefore, ITAT had deleted the addition made u/s 68.

Post-filing Corrections to Form 35A cannot be treated as filed beyond time limit

May 5, 2024 1137 Views 0 comment Print

ITAT found that the original Form 35A was filed within the stipulated time and ruled that the correction made thereafter should not be considered late.

Assessment Based on Mere Unverified Third Party Statement Bad in Law: ITAT Mumbai

May 5, 2024 6729 Views 0 comment Print

Analysis of Kundal Raghubir Bhandari Vs ITO (ITAT Mumbai) case reveals flaws in assessment based on unverified third-party statements. Learn more about this significant legal ruling.

Assessment Reopening Limited to Four Years if there was Full Disclosure by Assessee

May 5, 2024 1194 Views 0 comment Print

Mumbai ITAT rules in Lalita Troy Caeiro Vs ITO case that assessment can’t be reopened beyond 4 years if there’s full disclosure by assessee. Detailed analysis and conclusion provided.

STCL Taxable at 15% Can be set-ff against STCG Taxable at 30%: ITAT Mumbai

May 5, 2024 1563 Views 0 comment Print

Explore the detailed analysis of JS Capital LLC Vs ACIT (ITAT Mumbai) regarding the offsetting of Short Term Capital Loss (STCL) against Short Term Capital Gain (STCG) under section 70(2) of the Income Tax Act.

ITAT Deletes Section 56(2)(x)(b)(B) Additions: Consideration Paid via Banking Channels

May 5, 2024 9114 Views 0 comment Print

Appellant’s bank statements confirm full payment, complying with Section 56(2)(x)(b)(B). ITAT deletes addition of Rs. 60.1 Lakhs. Detailed analysis & conclusion.

Source of Demonetization Deposits Substantiated: ITAT Deletes Addition

May 5, 2024 1812 Views 0 comment Print

In the case of Pukhraj Nathmal Jain Vs ITO, ITAT Mumbai deletes addition u/s 68 of Income Tax Act, as the source for deposits made during demonetisation period was substantiated.

ITAT Orders Deletion of FBT Addition Due to Lack of Employer-Employee Relationship

May 5, 2024 366 Views 0 comment Print

In the case of Piramal Enterprises Ltd vs DCIT, ITAT Mumbai directed deletion of Fringe Benefit Tax (FBT) addition on business promotion expenses due to absence of an employer-employee relationship.

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