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ITAT Mumbai

Sale, Distribution, or Exhibition of Cinematographic Films is not Royalty: ITAT Mumbai

February 8, 2024 7428 Views 0 comment Print

ITAT Mumbai held that consideration for sale distribution or exhibition of cinematographic films would not fall under the domain of “Royalty” and accordingly TDS not deductible on the same.

Developer holding ownership of property liable to pay capital gain tax: ITAT Mumbai

February 8, 2024 957 Views 0 comment Print

ITAT Mumbai held that as ownership of property lies with the developer on the day of ‘agreement of sale’, sale consideration is taxable under capital gains in the hand of developer and not in the hands of assessee.

Addition of Annual let out value of unsold flats held as stock unsustainable: ITAT Mumbai

February 8, 2024 2253 Views 0 comment Print

ITAT Mumbai held that determination of Annual Let Out Value (ALV) of unsold flats held as stock-in-trade is not sustainable in law. Accordingly, addition of ALV of unsold flats deleted.

TP adjustment rejected as margin determined falls within tolerance limit of +/- 5%: ITAT Mumbai

February 7, 2024 1515 Views 0 comment Print

ITAT Mumbai rejected the transfer pricing adjustment as margin which has been determined falls within the tolerance limit of +/- 5% as provided in proviso to Section 92CA of the Income Tax Act.

Depreciation u/s. 32 allowable on goodwill acquired under slump sale: ITAT Mumbai

February 7, 2024 3078 Views 0 comment Print

ITAT Mumbai held the goodwill arising on business reorganization i.e. amalgamation, slump sale, demerger etc. is a depreciable intangible asset under section 32 of the Income Tax Act.

Bogus Purchase: No Penalty for Estimate-Based Additions

February 2, 2024 6132 Views 1 comment Print

ITAT concluded that the penalty levied under section 271(1)(c) of the Act was unsustainable due to the defect in the statutory notice and the fact that the penalty was imposed on additions made through estimation.

ITAT deletes Section 68 addition for LTCG from penny stock

February 2, 2024 5022 Views 0 comment Print

ITAT Mumbai deletes LTCG addition in penny stock case, ruling in favor of Assessee. Landmark decision emphasizes genuine transactions and compliance.

Section 11: Renovation Expenditure on School Building Allowable as Application of Income, Ownership Not a Prerequisite

February 1, 2024 1257 Views 0 comment Print

Explore the ITAT Mumbais decision favoring Bombay Society of the Salesian Sisters India, allowing the expenditure on school building repairs and property taxes as an application of income for charitable purposes.

No Penalty on Estimated Addition for Bogus Purchases: ITAT Mumbai

February 1, 2024 807 Views 0 comment Print

Explore the case of Dombivali Paper Mfg. Co. challenging penalty under section 271(1)(c) for alleged bogus purchases. Detailed analysis, tribunal’s view, and legal insights provided.

Section 54F exemption disallowance cannot lead to imposition of penalty

February 1, 2024 1245 Views 0 comment Print

Explore the case of Ramprasad Nigam vs ITO under Section 271(1)(c) for disallowed exemption claim under Section 54. The penalty is quashed based on accurate disclosure.

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