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ITAT Mumbai

Addition already finalized u/s. 143(3) cannot be added again vide order u/s. 144: ITAT Mumbai

August 1, 2024 816 Views 0 comment Print

ITAT Mumbai held that passing of assessment order u/s. 144/147 making addition of alleged bogus purchase which is already added vide assessment order passed u/s. 143(3)/147 and has attained finality is unsustainable and liable to be quashed.

Penalty u/s 271G untenable as no transfer pricing adjustment possible due to omission of section 92BA(i): ITAT Mumbai

August 1, 2024 579 Views 0 comment Print

ITAT Mumbai held that no transfer pricing adjustment could have been made in the hands of assessee on account of ALP of specified domestic transactions as section 92BA(i) of Income Tax Act was omitted. Thus, since provisions of section 92D are not applicable, penalty u/s. 271G of the Income Tax Act untenable.

Provisions of section 56(2)(x) of Income Tax Act doesn’t apply to developer: ITAT Mumbai

August 1, 2024 2022 Views 0 comment Print

ITAT Mumbai held that provisions of section 56(2)(x) of the Income Tax Act does not apply to developer who has taken over the possession of lawn or building or both for the purpose of the development.

Interest from FD linked to business activities is business income: ITAT Mumbai

July 31, 2024 1857 Views 0 comment Print

CIT(A) decides that interest income from FD linked to business activities is correctly classified as business income, not “Income from Other Sources.

Co-op Society entitled to Deduction u/s 80P(2)(d) on Interest Income from Co-op Banks: ITAT Mumbai

July 31, 2024 915 Views 0 comment Print

ITAT Mumbai held interest income earned by a cooperative society from its investment in cooperative bank is eligible for deduction u/s 80P(2)(d) of the Income Tax Act even after insertion of section 80P(4) of the Income Tax Act.

Section 54: Acquisition Date Is When Possession Is Handed Over, Not Agreement Date

July 30, 2024 10134 Views 0 comment Print

Tribunal ruled that the relevant date for acquisition should be when the possession is handed over, not merely the agreement date.

Immovable Property Transfer Requires Registered Deed, Not Just Possession

July 30, 2024 1629 Views 0 comment Print

Detailed analysis of the Sujauddian Kasimsab Sayyed Vs ITO (ITAT Mumbai) case involving immovable property and tax implications under Section 56(2)(vii)(b) of the Income Tax Act.

Date of possession is relevant for claiming Section 54 Exemption

July 27, 2024 13098 Views 0 comment Print

ITAT Mumbai rules that the date of possession determines eligibility for capital gains deduction under Section 54. Learn more about the Sompalsingh J. Kataria Vs ITO case.

ITAT Mumbai deletes penalty where addition was made on estimation basis

July 22, 2024 1047 Views 0 comment Print

ITAT Mumbai removes penalty imposed on Sunil Bhagwandas Vorani (HUF) as addition was made on estimation basis, not due to concealment.

Section 143(1) order issued without allowing 30 days to respond: ITAT quashed order

July 19, 2024 1005 Views 0 comment Print

Read the full text of the ITAT Mumbai order regarding violation of Section 143(1) of the IT Act and the final assessment passed within two days. Detailed analysis and conclusion included.

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