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ITAT Mumbai

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

February 10, 2024 1674 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 852 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 2454 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 888 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.

ITAT Mumbai restricts addition for Bogus purchases to 10% of disputed purchases

February 9, 2024 1710 Views 0 comment Print

Analysis of Leelaben Kantilal Parekh Vs ITO (ITAT Mumbai) case discussing the validity of a reopening notice under section 148 and addition under section 69C for bogus purchases.

Reassessment Based on Previously Examined Facts Unacceptable: ITAT Mumbai

February 9, 2024 732 Views 0 comment Print

ITAT Mumbai held that initiation of reassessment proceedings on account of change of opinion formed on re-appraisal of the facts already on record and examined during the regular assessment proceedings is liable to be quashed.

Transaction not become bogus merely for non response to section 133(6) notices: ITAT Mumbai

February 9, 2024 6939 Views 0 comment Print

ITAT Mumbai held that non-response to notice u/s. 133(6) of the Income Tax Act by some parties that does not prove that the entire transactions are bogus especially when all other documents to prove the identity and creditworthiness of the parties have been submitted

Reopening Based on Incorrect Grounds Invalidates Assessment: ITAT Mumbai

February 9, 2024 1161 Views 0 comment Print

Mumbai ITAT invalidated the assessment against Good Shepherd Church due to reopening based on incorrect grounds. Get insights from the detailed analysis of the case.

Deduction Eligibility: Compensation for Goods Destruction Pre-Sale Under Sec. 80IA/80IB

February 9, 2024 723 Views 0 comment Print

Mumbai ITAT’s ruling on Colorplus Realty Limited vs. Dy. CIT case regarding deduction u/s 80IB for compensation received from insurance company for destroyed goods before sale.

Discrepancies in KYC docs don’t constitute incriminating material: ITAT Mumbai

February 9, 2024 825 Views 0 comment Print

Discrepancies in KYC docs don’t constitute incriminating material. ITAT cancels income tax addition for Renukamata Multi-State Co-op Society Ltd. vs ACIT.

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